Professional Documents
Culture Documents
No. 12-4943
Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte. Max O. Cogburn, Jr.,
District Judge. (3:11-cr-00267-MOC-1)
Submitted:
Decided:
PER CURIAM:
Reggie
Lee
Wimbush
appeals
the
district
courts
fraud,
in
violation
of
18
U.S.C.
1028(a)(7),
of
18
U.S.C.
1028A(a)(1),
(b)
(2006).
Wimbush
We affirm.
38,
46,
significant
consider
explain
the
the
51
(2007).
The
court
procedural
error,
which
3553(a)
factors
and
chosen
sentence.
Id.
first
reviews
includes
failing
at
51.
for
failing
to
To
to
adequately
avoid
these
procedural
errors,
individualized
the
district
assessment
in
court
which
it
must
applies
make
the
an
relevant
States
v.
Carter,
(emphasis omitted).
564
F.3d
325,
328
(4th
Cir.
2009)
Cir. 2010) (quoting Rita v. United States, 551 U.S. 338, 356
(2007)) (brackets omitted).
Contrary
district
court
to
Wimbushs
clearly
arguments,
considered
the
we
find
3553(a)
that
the
factors
and
(stating
indication
that
district
court
that
it
considered
arguments
raised
by
both
therefore
conclude
that
must
the
parties
Wimbushs
only
provide
potentially
about
meritorious
sentencing).
sentence
is
some
We
procedurally
reasonable.
Accordingly, we affirm the district courts judgment.
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