Public-domain · open source
OpenJurist

341 F. App'x 877

United States v. Mann

U.S. Courts of Appeals

Decided August 25, 2009

This page is marked noindex.

U.S. Courts of Appeals · decided 2009-08-25

Cited by 1 later decisions (1 by the Supreme Court) — most recently February 2010

Applies 18 U.S.C. § 1951 (Hobbs Act) · 18 U.S.C. § 2 · 18 U.S.C. § 922 (Brady Handgun Violence Prevention Act) · 18 U.S.C. § 924

Relies on Gall v. United States · Rita v. United States · Sells v. United States

Good law ✅— No negative treatment on recordhow we know

Decided 2009-08-25

View the full empirical analysis of this case →

¶1 Affirmed by unpublished PER CURIAM opinion.

¶2 Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

¶3 Donnell Mann pled guilty to a Hobbs Act conspiracy, in violation of 18 U.S.C. § 1951(a) (2006) (Count 2); to possession of a firearm by a convicted felon and aiding and abetting, in violation of 18 U.S.C. § 922(g)(1) (2006) and 18 U.S.C. § 2 (2006) (Count 3); and to possession of firearms in furtherance of a crime of violence and aiding and abetting, in violation of 18 U.S.C.A. § 924(c) (West Supp.2009) and 18 U.S.C. § 2 (Count 5). Despite the fact that Mann’s advisory Sentencing Guidelines range was 262-327 months, the district court sentenced him to 240 months of imprisonment: 180-month concurrent sentences for Counts 2 and 3 and a 60-month consecutive sentence for Count 5. On appeal, Mann alleges that his sentence was procedurally and substantively unreasonable. For the reasons that follow, we affirm.

¶4 We review sentences under a deferential abuse-of-discretion standard. Gall v. United States, 552 U.S. 38, 128 S.Ct. 586, 590, 169 L.Ed.2d 445 (2007). We find no significant procedural or substantive error. Id. at 597; United States v. Pauley, 511 F.3d 468, 473 (4th Cir.2007). We note that we may apply a presumption of reasonableness on appeal to a within-Guidelines sentence. Rita v. United States, 551 U.S. 338, 347, 127 S.Ct. 2456, 168 L.Ed.2d 203 (2007); see Nelson v. United States, — U.S.-, 129 S.Ct. 890, 892, 172 L.Ed.2d 719 (2009) (emphasizing that the presumption of reasonableness accorded a within-Guidelines sentence is an appellate court presumption rather than a presumption enjoyed by a sentencing court). Thus, we decline to find an abuse of discretion in this instance where a district court exercised its discretion to sentence a defendant below that range. See United States v. Moreland, 437 F.3d 424, 434-36 (4th Cir. 2006).

¶5 Accordingly, we affirm. We dispense with oral argument because the facts and legal contentions are adequately presented *879 in the materials before the court and argument would not aid the decisional process.

¶6 AFFIRMED.

/341/fappx/877 · .json · Public domain