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No. 13-4875
Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte.
Frank D. Whitney,
Chief District Judge. (3:09-cr-00039-FDW-5)
Submitted:
Decided:
PER CURIAM:
After a jury trial,
841(a)(1),
846,
851
(2012),
and
one
count
of
revealed that
no
position
on
this
issue,
because
In our decision, we
Greene
had
filed
motion for a new trial in the district court on the same basis.
Thus, we determined that the district court should address the
issue in the first instance.
new
trial
without
an
evidentiary
hearing.
The
court
and
twenty
years
imprisonment
for
the
robbery
We affirm.
abuse-of-discretion
court
including
committed
improper
no
standard.
Gall
v.
United
significant
calculation
of
the
procedural
advisory
error,
Sentencing
and
inadequate
explanation
of
the
sentence
imposed.
Gall, 552 U.S. at 51; see United States v. Lynn, 592 F.3d 572,
575 (4th Cir. 2010).
(internal
quotation
however, conduct
an
sentence
and
lower
imposed
sentence
marks
omitted).
individualized
rejection
based
on
of
3553.
The
assessment
arguments
Lynn,
court
must,
justifying
for
592
the
higher
F.3d
at
or
584
reasoned
decisionmaking
Rita v.
United
basis
for
authority.
States,
551
exercising
Lynn,
592
F.3d
U.S.
338,
356
[its]
at
own
576
(2007)).
legal
(quoting
Such
explanation
is
required
to
promote
the
perception
of
fair
Gall,
347; see United States v. Allen, 491 F.3d 178, 193 (4th Cir.
2007) (A sentence within the proper Sentencing Guidelines range
is presumptively reasonable.) (citation omitted).
We find no error with the district courts imposition
of
sentence.
The
district
court
incorporated
many
of
the
for
thirty-year
sentence.
We
have
considered
United
Because the
court was very familiar with the trial evidence and the grounds
Greene was asserting for a new trial, the court did not abuse
its discretion declining to have an evidentiary hearing.
United
argument
because
the
facts
4
and
legal
We dispense with
contentions
are
adequately
presented
in
the
materials
before
this
Court
and