United States v. Jermaine Leontae Carlyle

U.S. Court of Appeals for the Eleventh Circuit
United States v. Jermaine Leontae Carlyle, 696 F. App'x 985 (11th Cir. 2017)

United States v. Jermaine Leontae Carlyle

Opinion

PER CURIAM:

Jermaine Carlyle appeals his 77-month sentence, imposed within the advisory guideline range, after pleading guilty to being a felon in possession of a firearm and ammunition, in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2).

Briefly stated, the appeal presents three issues:

1. Whether the district court abused its discretion by denying Carlyle’s motion to continue his sentencing hear *986 ing until after the effective date of some amended Sentencing Guidelines;
2. Whether U.S.S.G. § 4B1.2(a)’s residual clause is unconstitutionally vague so that the district court erred by using Carlyle’s prior convictions for “crimes of violence” to increase his base offense level; and
3. Whether the district court abused its discretion by improperly weighing the § 3553(a) factors and imposing a substantively unreasonable sentence.

We see no reversible error.

First, because the district court had the inherent authority to manage its docket and Carlyle had no right to be sentenced under a future Sentencing Guidelines amendment, the district court did not abuse its discretion by denying Carlyle’s motion to continue sentencing until a date after the amendment’s effective date. Second, because Beckles v. United States, — U.S. -, 137 S.Ct. 886, 197 L.Ed.2d 145 (2017), forecloses Carlyle’s argument that Johnson v. United States, — U.S. -, 135 S.Ct. 2551, 192 L.Ed.2d 569 (2015), rendered U.S.S.G. § 4B1.2(a)’s residual clause unconstitutionally vague, the district court did not err by increasing his base offense level due to prior “crimes of violence.” Third, because the district court addressed the § 3553(a) factors and Carlyle has not identified a specific error in the court’s reasoning; the district court did not abuse its discretion by imposing a substantively unreasonable sentence.

AFFIRMED.

Reference

Full Case Name
UNITED STATES of America, Plaintiff-Appellee, v. Jermaine Leontae CARLYLE, Defendant-Appellant
Status
Unpublished