U.S. Court of Appeals for the Fourth Circuit, 2016

United States v. Charles Manu

United States v. Charles Manu
U.S. Court of Appeals for the Fourth Circuit · Decided November 23, 2016 · Gregory, King, Duncan
671 F. App'x 43

United States v. Charles Manu

Opinion

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Charles Manu pled guilty to possession of unauthorized access devices, 18 U.S.C. §§ 1029(a)(3), 1029(e)(l)(A)(i) (2012), and was sentenced to 24 months in prison. He now appeals, challenging the reasonableness of his sentence. We affirm.

The record reflects that the district court properly determined that Manu’s Guidelines range was 6-12 months, considered the 18 U.S.C. § 3553(a) (2012) sentencing factors and the arguments of the parties, and provided a sufficiently individualized assessment based on the facts of the case. The court explained that it had varied above the Guidelines range because Manu had not cooperated fully with investigators, had recently committed a similar offense in Kentucky, and had not been truthful with his probation officer about his claimed past employment. Wé conclude that the sentence is procedurally and substantively reasonable. See Gall v. United States, 552 U.S. 38, 51, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007); United States v. Carter, 564 F.3d 325, 330 (4th Cir. 2009).

We therefore affirm. 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 the decisional process.

AFFIRMED

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