USCA4 Appeal: 22-4708 Doc: 41 Filed: 02/11/2025 Pg: 1 of 4

UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 22-4708

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

JAMES ROBERT BRINTLE,

Defendant - Appellant.

Appeal from the United States District Court for the Middle District of North Carolina, at Greensboro. Catherine C. Eagles, Chief District Judge. (1:22-cr-00042-CCE-1)

Submitted: December 23, 2024 Decided: February 11, 2025

Before HARRIS, RUSHING, and BERNER, Circuit Judges.

Affirmed by unpublished per curiam opinion.

ON BRIEF: Seth A. Neyhart, LAW OFFICE OF SETH A. NEYHART, Durham, North Carolina, for Appellant. Frank Joseph Chut, Jr., Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Greensboro, North Carolina, for Appellee.

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PER CURIAM:

James Robert Brintle appeals his sentence after pleading guilty to possession with

intent to distribute methamphetamine and possession of firearms after a felony conviction.

On appeal, Brintle’s attorney has filed a brief under Anders v. California,

(1967), raising the issue of whether Brintle’s sentence is substantively unreasonable but

concluding that there are no meritorious grounds for appeal. Brintle was notified of his

right to file a pro se supplemental brief but has not done so. We affirm.

“‘This Court reviews all sentences—whether inside, just outside, or significantly

outside the Guidelines range—under a deferential abuse-of-discretion standard.’” United

States v. Claybrooks,

(4th Cir. 2024). “First, we determine whether the

district court has committed significant procedural error.” United States v. McKinnie,

(4th Cir. 2021). “Second, we consider whether the sentence imposed was

substantively reasonable.”

“A sentence is substantively unreasonable only where under

the totality of the circumstances, the ‘sentencing court abused its discretion in concluding

that the sentence it chose satisfied the standards set forth in [18 U.S.C.] § 3553(a).’” United

States v. Devine,

, 153 (4th Cir. 2022). “‘[A]ny sentence that is within or below

a properly calculated Guidelines range is presumptively reasonable.’”

“‘[A] defendant can only rebut the presumption by demonstrating that the sentence

is unreasonable when measured against the § 3553(a) factors.’” United States v. Everett,

(4th Cir. 2024). “‘[D]istrict courts have extremely broad discretion when

determining the weight to be given each of the § 3553(a) factors.’” United States v. Nance,

(4th Cir. 2020). “As we have previously acknowledged, district courts

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have discretion to consider policy decisions underlying the Guidelines, including the

presence or absence of empirical data and may even reject Guidelines on that basis, but

they are under no obligation to do so.” United States v. Powers,

, 138 (4th

Cir. 2022) (internal quotation marks omitted). “[A] district court may choose to adhere to

the Guidelines because they represent the institutional authority of the [Sentencing]

Commission and Congress” or “because the court agrees that the sentencing range they

recommend suits the instant offense and offender.”

(internal quotation marks omitted).

We have reviewed the record and conclude that Brintle’s sentence is procedurally

and substantively reasonable. The district court properly calculated the Guidelines range;

considered the parties’ arguments and § 3553(a) factors; conducted an individualized

assessment of the facts and arguments presented; reasonably determined that a sentence

below the Guidelines range was appropriate; and adequately explained its chosen sentence.

We further conclude that under a totality of the circumstances, the district court did not

abuse its discretion in concluding its sentence satisfied the standards under § 3553(a).

In accordance with Anders, we have reviewed the entire record and have found no

meritorious grounds for relief. Accordingly, we affirm the district court’s judgment. This

court requires that counsel inform Brintle, in writing, of his right to petition the Supreme

Court of the United States for further review. If Brintle 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 Brintle. We dispense with oral argument because the facts and legal

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contentions are adequately presented in the materials before the court and argument would

not aid the decisional process.

AFFIRMED

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