Professional Documents
Culture Documents
No. 11-4263
Appeal from the United States District Court for the Southern
District of West Virginia, at Bluefield. David A. Faber, Senior
District Judge. (1:00-cr-00204-1)
Submitted:
Decided:
PER CURIAM:
Christopher
order
revoking
his
Umburger
appeals
supervised
release
was
insufficient
to
the
and
district
courts
sentencing
him
to
support
the
district
courts
and
that
his
sentence
was
plainly
unreasonable.
We affirm.
hearing
was
insufficient
to
support
the
district
preponderance
(2006).
of
(4th
evidence.
18
U.S.C.
3583(e)(3)
abuse of discretion.
831
the
Cir.
1992).
Umburger
admitted
two
alleged
violations and did not contest the third, the district court
clearly
acted
within
its
discretion
in
finding
the
evidence
court
is
was
incorrect
required
to
in
his
find
contention
that
he
was
that
the
actually
release.
See
U.S.
Sentencing
Guidelines
Manual
assertion
insufficient
to
that
his
support
admissions,
the
without
district
more,
courts
were
findings.
was
next
plainly
argues
that
unreasonable
his
because
twenty-four-month
the
district
court
statement
individualized
3553(a)
range,
neglected
determination
(2006)
factors,
to
regarding
and
make
the
declined
to
an
adequate
relevant
order
18
an
and
U.S.C.
updated
presentence report.
This
revocation
of
unreasonable.
Cir.
court
will
supervised
affirm
release
sentence
if
it
is
imposed
not
plainly
2010).
The
first
step
in
this
review
requires
upon
inquiry
takes
more
deferential
appellate
United
This
posture
review
for
[G]uidelines
3
sentences.
United
States v. Moulden, 478 F.3d 652, 656 (4th Cir. 2007) (internal
quotation marks omitted).
supervised
reasonable
release
if
the
revocation
district
court
sentence
is
considered
the
to
supervised
release
revocation.
See
18
U.S.C.
A sentence is
sentence
as
it
must
be
when
imposing
post-
policy
statement
range,
we
review
his
challenge
to
the
580 (4th Cir. 2010) (finding error not preserved where defendant
failed to seek sentence outside Guidelines range).
Our review of the record indicates that the district
court did not err in determining Umburgers sentence.
First, it
properly
sentence.
calculated
his
advisory
range
and
maximum
varieties
of
3553(a) factors.
confinement
available,
and
other
relevant
Moreover, there is
presentence
report
caused
it
to
neglect
relevant
respect
to
substantive
reasonableness,
the
Umburgers
policy
statement
range.
Furthermore,
it
afford
Therefore,
district
courts
we
that
find
when
imposing
Umburgers
unreasonable.
5
these
sentence
was
sentences.).
not
plainly
of
counsel
is
not
suitable
for
review
on
direct
not
cognizable
conclusively
on
establishes
direct
appeal
counsels
objectively
unless
the
record
unreasonable
Cir.
conclusively
Because
establish
the
record
Umburgers
before
allegations
us
fails
regarding
to
his
we
affirm
the
revocation
of
Umburgers
We deny Umburgers