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No. 07-4434
Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte.
Frank D. Whitney,
District Judge. (3:02-cr-00204)
Submitted:
Decided:
Before WILLIAMS, Chief Judge, and MOTZ and DUNCAN, Circuit Judges.
PER CURIAM:
Marlon Lamont Liles appeals his convictions and the 172month sentence imposed after he pleaded guilty to one count of
possession with intent to distribute marijuana, in violation of 21
U.S.C. 841 (2000), and one count of possession of a firearm in
furtherance of a drug trafficking crime, in violation of 18 U.S.C.
924(c) (2000).
that
Liles
criminal
history
category
significantly
We affirm.
United States v.
Olano, 507 U.S. 725, 732 (1993); Hughes, 401 F.3d at 547.
Under
(2) the error was plain; and (3) the error affected his substantial
rights.
only
if
the
error
seriously
affect[s]
the
fairness,
Id. at
that Liles case is not truly unusual and the district court did
not err in failing to sua sponte depart from the Guidelines range.
We further conclude that Liles sentence, which is within the
statutory maximum and the Guidelines range, is reasonable.
United
States v. Johnson, 445 F.3d 339, 341 (4th Cir. 2006); see Rita v.
United States, __ U.S. __, 127 S. Ct. 2456 (2007) (upholding
presumption of reasonableness).
In accordance with Anders, we have reviewed the record in
this case and have found no meritorious issues for appeal.
therefore affirm Liles convictions and sentence.
We
This court
- 3 -
Counsels
AFFIRMED
- 4 -