United States v. Hill

U.S. Court of Appeals for the Fourth Circuit
United States v. Hill, 204 F. App'x 253 (4th Cir. 2006)

United States v. Hill

Opinion

PER CURIAM:

Henry Hill, Sr., appeals the 188-month sentence imposed by the district court on resentencing in light of United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005). We affirm.

Counsel contends that Hill’s sentence is unreasonable. In resentencing Hill post- Booker, the district court considered the advisory sentencing guidelines range and the factors set forth in 18 U.S.C.A. § 3553(a) (West 2000 & Supp. 2006). See United States v. Moreland, 437 F.3d 424, 432 (4th Cir.), cert. denied, — U.S. -, 126 S.Ct. 2054, 164 L.Ed.2d 804 (2006). Although Hill asserts that the district court did not recite facts to support each § 3553(a) factor, the court need not “robotically tick through § 3553(a)’s every subsection” or “explicitly discuss every § 3553(a) factor on the record.” United States v. Johnson, 445 F.3d 339, 345 (4th Cir. 2006). “This is particularly the case when the district court imposes a sentence within the applicable Guidelines range.” Id. (citation omitted).

Here, the sentence imposed by the district court is within the advisory guidelines range and below the twenty-year statutory maximum set forth in 21 U.S.C.A. *254 § 841(b)(1)(C) (West Supp. 2006). “[A] sentence within the proper advisory Guidelines range is presumptively reasonable.” Johnson, 445 F.3d at 341. We have carefully considered Hill’s arguments on appeal and conclude that he has failed to rebut the presumption of reasonableness. Thus, we find the sentence reasonable.

Accordingly, we affirm Hill’s sentence. 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.

Reference

Full Case Name
UNITED STATES of America, Plaintiff-Appellee, v. Henry HILL, Sr., Defendant-Appellant
Status
Unpublished