Professional Documents
Culture Documents
No. 10-5131
Appeal from the United States District Court for the Western
District of Virginia, at Danville.
Samuel G. Wilson, District
Judge. (4:09-cr-00039-sgw-1)
Submitted:
Decided:
PER CURIAM:
Chadriquez Devon Williams appeals his conviction and
360-month sentence after a jury convicted him of one count each
of possession with intent to distribute marijuana, in violation
of 21 U.S.C. 841(a)(1) (2006); and use and possession of a
firearm during and in relation to a drug trafficking offense, in
violation of 18 U.S.C.A. 924(c) (West 2000 & Supp. 2011). *
Williams asserts that the district court committed reversible
error when it:
he
claims
that
classification
the
were
predicate
part
of
the
convictions
same
course
underlying
of
conduct;
the
(2)
2011)
factors
changed
between
his
initial
sentencing
permissible
evidence
where
the
establishes
that
defendant
20 (1949); United States v. Duke, 409 F.2d 669, 671 (4th Cir.
1969).
an
aiding
and
abetting
instruction
to
particular
count,
to
further
highlight
the
aiding
and
abetting
We have
also
review
Williams
abuse-of-discretion
us
to
ensure
that
sentence
standard.
under
Gall
v.
the
United
the
district
court
committed
no
Guidelines range.
(4th
Cir.
2008)
(internal
alterations
omitted).
substantive
reasonableness
quotation
The
court
of
marks,
must
the
and
consider
the
then
sentence,
citations
tak[ing]
into
517 F.3d 216, 218 (4th Cir. 2008); see Rita v. United States,
551
U.S.
338,
346-56
(2007)
(permitting
presumption
of
years of age at the time of the instant offense; (2) the instant
offense is either a crime of violence or a controlled substance
offense;
and
convictions
(3)
for
the
either
substance offense.
defendant
a
crime
has
of
at
least
violence
or
two
a
felony
controlled
Despite his
his
prior
predicate convictions.
convictions
as
proper
career
offender
offender,
we
reject
Williams
request
to
have
his
also
discern
no
error
in
the
district
courts
924(c)
conviction.
Although
Williams
concedes
that his new sentence is within the Guidelines range with which
he was attributed at sentencing, and admits that his sentence
is, thus, presumptively reasonable, Williams summarily requests
that
the
court
find
the
sentence
unreasonable
under
the
3553(a) factors.
Williams summary request for this court to vacate his
sentence
is
reasonableness
sentence.
because
insufficient
this
to
court
affords
courts
rebut
mandate
the
his
presumption
of
within-Guidelines
the
matter
to
the
1993) ([T]o the extent that the mandate of the appellate court
instructs
or
permits
reconsideration
of
sentencing
issues
on
contentions
the
court
are
adequately
and
argument
presented
would
not
in
aid
the
the
materials
decisional
process.
AFFIRMED