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United States v. Michael Curtis Maness, 4th Cir. (2014)
United States v. Michael Curtis Maness, 4th Cir. (2014)
United States v. Michael Curtis Maness, 4th Cir. (2014)
No. 13-4689
Appeal from the United States District Court for the Middle
District of North Carolina, at Greensboro.
William L. Osteen,
Jr., Chief District Judge. (1:12-cr-00428-WO-1)
Submitted:
Decided:
PER CURIAM:
Michael
after
he
Curtis
pled
Maness
guilty,
appeals
pursuant
to
the
sentence
plea
imposed
agreement,
to
applied
Guidelines
cross-reference
Manual
(USSG)
pursuant
to
2K2.1(c)(1)(A)
The district
U.S.
Sentencing
the
kidnapping
to
from
sentence
of
the
108
120-month
months
of
sentencing
range
imprisonment.
On
and
imposed
appeal,
Maness
testimony
at
sentencing
was
not
credible.
Maness
also
court did not err, and that even if the cross-reference was
erroneously applied, the error was harmless.
We find merit in
has
(1)
knowledge
that
the
district
court
would
have
issue the other way, and (2) a determination that the sentence
would
be
reasonable
even
if
the
[G]uidelines
issue
had
been
Matute, 636 F.3d 119, 123 (4th Cir. 2011) (internal quotation
marks
omitted).
Assuming
that
the
cross-reference
was
to
seventy-one
months
of
imprisonment,
and
the
district
even
if
impose
it
the
court
erred
same
thoroughly
in
and
applying
sentence
to
repeatedly
the
explained
cross-reference,
satisfy
the
18
that,
U.S.C.
it
would
3553(a)
of
the
arguments
and
district
the
courts
consideration
3553(a)
sentencing
of
the
factors,
parties
and
its
sentence,
determination
States v.
as
we
to
Hargrove,
should
the
defer
extent
701
F.3d
to
of
156,
the
the
district
courts
variance.
163-64
(4th
United
Cir.
2012)
(affirming
Guidelines
range
variance
because
sentence
sentence
3
six
was
years
based
on
greater
the
than
district
matters
relation
to
is
the
that
the
package
sentence
of
imposed
reasons
given
be
reasonable
by
the
in
court.).
we
affirm.
We
dispense
with
oral