Professional Documents
Culture Documents
No. 13-4383
Appeal from the United States District Court for the District of
South Carolina, at Columbia.
Cameron McGowan Currie, Senior
District Judge. (3:12-cr-00731-CMC-1)
Submitted:
Decided:
PER CURIAM:
Antonio
151-month
Singleton
sentence
entered
appeals
from
pursuant
to
his
his
conviction
guilty
plea
and
to
On appeal,
We
affirm.
Prior to accepting a plea, a trial court must conduct
a
plea
colloquy
in
which
it
informs
the
defendant
of,
and
is
relinquishing
by
pleading
guilty.
Fed.
R.
Crim.
P.
11(b)(1); United States v. DeFusco, 949 F.2d 114, 116 (4th Cir.
1991).
voluntary,
and
did
not
result
from
force,
threats,
or
Fed. R. Crim. P.
In reviewing the
to
the
trial
courts
2
decision
as
to
how
best
to
DeFusco, 949
F.2d at 116.
Because Singleton did not seek to withdraw his guilty
plea or otherwise preserve any allegation of Rule 11 error, we
review his plea colloquy for plain error.
United States v.
To establish plain
error,
Singleton
must
show:
(1) an
error
was
made;
(2)
the
States
2009).
v.
Whether
Massenburg,
564
to
an
correct
F.3d
337,
error
lies
342-43
in
(4th
this
Cir.
courts
consequently,
final
and
binding.
See
United
States
v.
Lambey, 974 F.2d 1389, 1394 (4th Cir. 1992) (en banc).
We review a sentence for reasonableness, applying a
deferential
abuse-of-discretion
States,
U.S.
552
district
including
court
38,
committed
improper
insufficient
46
standard.
(2007).
no
of
first
significant
calculation
consideration
We
the
3
of
18
Gall
the
v.
ensure
United
that
the
procedural
error,
Guidelines
range,
U.S.C.
3553(a)
(2012)
factors,
United
and
inadequate
States v.
(quoting
Gall,
explanation
Lynn,
552
U.S.
of
the
575
592
F.3d
572,
at
51).
If
sentence
we
(4th
find
imposed.
Cir.
the
2010)
sentence
purposes
of
sentencing.
18
U.S.C.
3553(a).
defendant
bears
the
burden
to
rebut
the
presumption
by
F.3d
375,
379
(4th
Cir.
(internal
quotation
marks
omitted).
Because
the
district
court
properly
calculated
3553(a)
factors,
and
explicitly
addressed
Singletons
is
procedurally
reasonable.
See
United
States
v.
Carter, 564 F.3d 325, 330 (4th Cir. 2009) (holding that district
court must conduct individualized assessment based on particular
facts of each case).
Accordingly,
we
affirm
Singletons
conviction
and
sentence.
for
further
review.
If
Singleton
requests
that
argument
adequately
because
presented
in
the
the
facts
and
materials
legal
before
We dispense with
contentions
the
court
are
and