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No. 15-4132
Appeal from the United States District Court for the Middle
District of North Carolina, at Greensboro. Thomas D. Schroeder,
District Judge. (1:08-cr-00381-TDS-1)
Submitted:
Decided:
December 8, 2015
PER CURIAM:
Leonardo Demarcus Reed pled guilty in September 2004 to
possession with intent to distribute an unspecified quantity of
heroin, in violation of 21 U.S.C. 841(a)(1), (b)(1)(C) (2012)
(Count 1), and possession of a firearm during or in relation to
a drug trafficking offense, in violation of 18 U.S.C. 924(c)
(2012)
(Count
2).
The
district
court
sentenced
Reed
to
21
The district
release,
he
sentenced
to
seven
months
The
district
supervised release:
court
also
imposed
second
period
of
in
the
revocation
The
district
petition
court
and
amended
consequently
revocation
revoked
Reeds
U.S.
738
(1967),
stating
that
there
are
no
meritorious
in
declining
to
impose
sentence
within
the
policy
the
revocation
particularly
framed
sentences
as
concurrently.
such,
we
view
Although
this
argument
not
as
selecting
the
aggregate
69-month
revocation
sentence,
we
district
court
has
broad
discretion
when
Webb,
738
F.3d
638,
640
(4th
Cir.
imposing
United States
2013).
revocation
not
plainly
unreasonable
will
be
affirmed
on
appeal.
United States v. Padgett, 788 F.3d 370, 373 (4th Cir. 2015).
so
evaluating
reasonableness,
considerations
sentence.
sentence,
utilizing
employed
this
the
in
court
procedural
evaluating
an
assesses
and
it
In
for
substantive
original
criminal
2006).
3
revocation
district
court
sentence
has
is
procedurally
considered
both
reasonable
the
policy
if
the
statements
U.S.C.
3553(a)
3583(e) (2012).
(2012)
factors
Id. at 439.
enumerated
in
18
U.S.C.
substantively
unreasonable
these
will
we
whether
the
Id. at 439.
principles,
substantive
reasonableness
sentencing
Reed,
the
determine
of
Reeds
his
district
sentence
court
challenge
to
fails.
Prior
offered
an
the
to
extensive
deemed
to
particularized
district
be
response
courts
consideration
the
of
most
to
defense
sentencing
Reeds
relevant
this
counsels
comments
individual
in
case
and
arguments.
reveal
circumstances,
the
a
The
courts
namely,
his
The
court
expressed
its
view
that
the
18 U.S.C. 3553(a)(2)(B)-(C).
revocation
judgment,
reflected
the
courts
serious
in
accordance
opportunities
with
to
the
do
law,
so.
despite
Because
having
the
received
court
amply
Where a defendant
18 U.S.C.
requires
that
counsel
inform
Reed,
in
writing,
of
We
This
his
may
move
representation.
in
and
materials
legal
before
court
for
leave
to
withdraw
from
this
contentions
are
adequately
this
and
argument
court
presented
would
not
in
the
aid
the
decisional process.
AFFIRMED