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    United States v. Wallace, 4th Cir. (2006)

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    The document discusses a court case where Robert Wallace pled guilty to conspiracy to distribute cocaine. The court sentenced Wallace to 262 months in prison following the Supreme Court's ruling in United States v. Booker. The court found Wallace's sentence reasonable and within sentencing guidelines.

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    United States v. Wallace, 4th Cir. (2006)

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    The document discusses a court case where Robert Wallace pled guilty to conspiracy to distribute cocaine. The court sentenced Wallace to 262 months in prison following the Supreme Court's ruling in United States v. Booker. The court found Wallace's sentence reasonable and within sentencing guidelines.

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    Filed: 2006-05-01 Precedential Status: Non-Precedential Docket: 05-4294

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    The document discusses a court case where Robert Wallace pled guilty to conspiracy to distribute cocaine. The court sentenced Wallace to 262 months in prison following the Supreme Court's ruling in United States v. Booker. The court found Wallace's sentence reasonable and within sentencing guidelines.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Download as pdf
    5 views3 pages

    United States v. Wallace, 4th Cir. (2006)

    Uploaded by

    Scribd Government Docs
    The document discusses a court case where Robert Wallace pled guilty to conspiracy to distribute cocaine. The court sentenced Wallace to 262 months in prison following the Supreme Court's ruling in United States v. Booker. The court found Wallace's sentence reasonable and within sentencing guidelines.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Download as pdf
    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 05-4294

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    versus
    ROBERT JAMES WALLACE,
    Defendant - Appellant.

    Appeal from the United States District Court for the District of
    Maryland, at Baltimore. Benson Everett Legg, Chief District Judge.
    (CR-03-374-L)

    Submitted: April 27, 2006

    Decided: May 1, 2006

    Before NIEMEYER AND MOTZ, Circuit Judges, and HAMILTON, Senior


    Circuit Judge.

    Affirmed by unpublished per curiam opinion.

    Elita C. Amato, Washington, D.C., for Appellant.


    Rod J.
    Rosenstein, United States Attorney, Charles J. Peters, Assistant
    United States Attorney, Baltimore, Maryland, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.


    See Local Rule 36(c).

    PER CURIAM:
    Robert Wallace pled guilty, pursuant to a written plea
    agreement, to conspiracy to distribute more than fifty kilograms of
    cocaine, in violation of 21 U.S.C. 846 (2000). Wallace was
    sentenced following the Supreme Courts opinion in United States v.
    Booker, 543 U.S. 220 (2005).

    The district court applied the

    holding of Booker and sentenced Wallace to 262 months imprisonment.


    On appeal, Wallace claims that he was sentenced in violation of
    Booker because his sentence was unreasonable and the district court
    failed to fully account for all the factors enumerated in 18 U.S.C.
    3553(a) (2000).
    After

    We affirm.
    the

    Supreme

    Courts

    decision

    in

    Booker,

    sentencing court is no longer bound by the range prescribed by the


    sentencing guidelines. See United States v. Hughes, 401 F.3d 540,
    546 (4th Cir. 2005). However, in determining a sentence postBooker, sentencing courts are still required to calculate and
    consider the applicable guideline range as well as the factors set
    forth in 18 U.S.C. 3553(a) (2000). Id. If the sentence imposed is
    within the properly calculated guideline range, it is presumptively
    reasonable. United States v. Green, 436 F.3d 449, 2006 WL 267217,
    at *5 (4th Cir. Feb. 6, 2006).
    Wallaces sentence was both within the guideline range of
    262-327 months, and well within the statutory maximum of life
    imprisonment. See 21 U.S.C. 841(b) (2000). Because the district

    - 2 -

    court

    appropriately

    treated

    the

    guidelines

    as

    advisory,

    and

    properly calculated and considered the guideline range and the


    relevant 3553(a) factors, we find the sentence reasonable.

    See

    also United States v. Eura, 440 F.3d 625, No. 05-4437, slip op. at
    11 (4th Cir. 2006) (To establish reasonableness of a sentence, a
    district court need not explicitly discuss every 3553(a) factor
    on the record.).

    Accordingly, we affirm Wallaces sentence.

    We grant Wallaces motion for leave to file a pro se


    supplemental brief and find the issues he asserts therein without
    merit.

    We dispense with oral argument because the facts and legal

    contentions are adequately presented in the materials before the


    court and argument would not aid the decisional process.

    AFFIRMED

    - 3 -

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