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No. 09-4464
Appeal from the United States District Court for the Middle
District of North Carolina, at Greensboro.
N. Carlton
Tilley, Jr., Senior District Judge. (1:08-cr-00118-NCT-1)
Submitted:
Decided:
May 7, 2010
PER CURIAM:
Sylvester Ladale Nicholson pled guilty, pursuant to a
written
plea
agreement,
to
possession
of
firearm
by
district
criminal
to
court
230
sentenced
months
Nicholson
imprisonment.
as
an
armed
Finding
no
career
error,
we
affirm.
On appeal, counsel contends that Nicholsons sentence
is
unreasonable
accomplish
the
because
goals
of
it
18
is
greater
U.S.C.
than
3553(a)
necessary
(2006).
to
When
advisory
Guidelines
range
and
consider
it
in
Gall v.
2009)
quotation
marks
and
citation
omitted).
inside,
just
outside,
or
significantly
outside
the
United States v.
Counsel
procedural
error
contends
by
that
failing
the
to
district
consider
court
committed
Nicholsons
personal
The
Nicholsons personal
by
counsel
during
his
sentencing
argument.
The
circumstances
of
Nicholsons
past
were
significant.
However, the court noted its concern that the current offense
involved a shooting and that Nicholson had a violent criminal
history.
Thus,
the
court
concluded
that
protection
of
the
We cannot conclude
error
by
failing
to
consider
Nicholsons
history.
of
unreasonable,
reasonableness
230-month
particularly
we
may
Guidelines sentences.
sentence
in
light
afford
of
properly
was
the
substantively
presumption
calculated
of
within-
347 (2007).
Accordingly, we affirm the judgment of the district
court.
legal
before
contentions
the
court
are
adequately
and
argument
presented
would
not
in
aid
the
the
materials
decisional
process.
AFFIRMED