U.S. Court of Appeals for the Fourth Circuit, 2015

United States v. Travis Allen

United States v. Travis Allen
U.S. Court of Appeals for the Fourth Circuit · Decided October 13, 2015 · Wilkinson, Wynn, Floyd
619 F. App'x 230

United States v. Travis Allen

Opinion

Affirmed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Travis Shonta Allen pleaded guilty to distribution of cocaine base, in violation of 21 U.S.C. § 841(a) (2012). The district court sentenced Allen to 51 months of imprisonment, followed by 3 years of supervised release. Following Allen’s release from incarceration, he incurred several state charges for drug distribution and firearm possession. The district court revoked his supervised release and sentenced Allen to 24 months of imprisonment, and he now appeals. Finding no error, we affirm.

On appeal, Allen argues that the sentence is plainly substantively unreasonable. We review a sentence imposed as a result of a supervised release violation tó determine whether the sentence is plainly unreasonable. United States v. Crudup, 461 F.3d 433, 437 (4th Cir. 2006). The first step in this analysis is a determination of whether the sentence is unreasonable; in making this determination, we generally follow the procedural and substantive considerations employed in reviewing original sentences, subject to some modifications. Id. at 438. Although a district court must consider the policy statements in Chapter Seven of the Sentencing Guidelines along with the statutory factors, “the court ultimately has broad discretion to revoke its previous sentence and impose a term of imprisonment up to the statutory maximum.” Id. at 439 (internal quotation marks omitted).

If a sentence imposed after a revocation is not unreasonable, we will not proceed to the second prong of the analysis — whether the sentence is plainly unreasonable. Id. We have reviewed the record and conclude that Allen has failed to demonstrate that the sentence is substantively unreasonable. It follows, therefore, that the sentence is not plainly unreasonable.

Accordingly, we affirm the judgment of the district court. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid in the decisional process.

AFFIRMED.

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