United States v. Fred Edwards

U.S. Court of Appeals for the Fourth Circuit
United States v. Fred Edwards, 710 F. App'x 136 (4th Cir. 2018)

United States v. Fred Edwards

Opinion

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Fred Deshawn Edwards pleaded guilty to being a felon in possession of a firearm, in violation of 18 U.S.C. §§ 922(g)(1), 924(a)(2) (2012). The district court sentenced Edwards to 70 months’ imprisonment, to be followed by a 3-year term of supervised release. Counsel has filed a brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), seeking review of Edwards’ sentence without asserting any specific challenge to its reasonableness. Although advised of his right to file a pro se supplemental brief, Edwards has not done so. The Government has declined to file a response. Finding no reversible error, we affirm.

We review a sentence for reasonableness, applying an abuse of discretion standard. Gall v. United States, 552 U.S. 38, 41, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007); see United States v. White, 810 F.3d 212, 229 (4th Cir. 2016). In doing so, we examine the sentence for “significant procedural error,” including “failing to calculate (or improperly calculating) the Guidelines range, treating the Guidelines as mandatory, failing to consider the [18 U.S.C.] § 3553(a) [ (2012) ] factors, selecting a sentence based on clearly erroneous facts, or failing to adequately explain the chosen sentence.” Gall, 552 U.S. at 51, 128 S.Ct. 586. We then review the substantive reasonableness of the sentence. “Any sentence that is within or below a properly calculated Guidelines range is presump-tivély reasonable.” White, 810 F.3d at 230 (internal quotation marks omitted).

We have reviewed the record and conclude that the sentence is both procedurally and substantively reasonable. The district court properly calculated the advisory Guidelines range to be 70 to 87 months in prison and sufficiently explained the selected sentence, which was at the bottom of that range. Furthermore, Edwards’ within-Guidelines sentence is presumptively substantively reasonable, and nothing in the record suggests a basis on which this presumption could be rebutted.

We have examined the entire record in accordance with the requirements of An-ders and found no meritorious issues for appeal. Accordingly, we affirm the judgment of the district court. This court requires that counsel inform Edwards, in writing, of the right to petition the Supreme Court of the United States for further review. If Edwards requests that a petition be filed, but counsel believes that such a petition would be frivolous, then counsel may move in this court for leave to withdraw from representation. Counsel’s motion must state that a copy thereof was served on Edwards. 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

Reference

Full Case Name
UNITED STATES of America, Plaintiff-Appellee, v. Fred Deshawn EDWARDS, Defendant-Appellant
Status
Unpublished