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United States v. Jose Mercado, 4th Cir. (2012)
United States v. Jose Mercado, 4th Cir. (2012)
No. 11-4530
Appeal from the United States District Court for the Middle
District of North Carolina, at Greensboro.
William L. Osteen,
Jr., District Judge. (1:10-cr-00300-WO-1)
Submitted:
Decided:
PER CURIAM:
Jose Salazar Mercado pled guilty, with the benefit of
a written plea agreement, to distributing fifty grams or more of
a
mixture
and
substance
methamphetamine,
in
containing
violation
of
21
detectable
U.S.C.A.
amount
of
841(a)(1),
924(c)(1)(A)
(2006).
The
district
court
sentenced
to
be
served
consecutively.
Mercados
attorney
738
(1967),
reasonable.
questioning
whether
Mercados
sentence
is
Because we
an
court
reviews
abuse-of-discretion
sentence
for
standard.
reasonableness
Gall
v.
United
properly
Guidelines
as
calculated
advisory,
the
Guidelines
considered
the
range,
18
treated
U.S.C.
the
3553(a)
Id.
Finally,
we
review
the
examin[ing]
the
substantive
totality
reasonableness
of
the
of
the
sentence,
circumstances.
United
Here, the
district
steps
court
followed
the
necessary
procedural
in
[mandatory
minimum]
sentence
is
per
se
reasonable.
Cir.
Hence,
2008).
we
conclude
that
the
120-month
sentence
This court
the
Supreme
Court
of
review.
If
Mercado
requests
the
that
United
a
States
petition
be
for
further
filed,
but
counsel
may
move
representation.
in
this
court
for
leave
to
withdraw
from
contentions
the
court
are
adequately
and
argument
presented
would
not
in
aid
the
the
materials
decisional
process.
AFFIRMED