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United States v. Womack

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
Mar 19, 2013
514 F. App'x 351 (4th Cir. 2013)

Summary

In Womack, the defendant pled guilty to making false statements under 18 U.S.C. § 1033(a)(1); the Fourth Circuit affirmed the 41 month sentence imposed pursuant to the guilty plea.

Summary of this case from United States v. Cohen

Opinion

No. 12-4779

03-19-2013

UNITED STATES OF AMERICA, Plaintiff - Appellee, v. JOHN WOMACK, JR., Defendant - Appellant.

Louis C. Allen III, Federal Public Defender, Gregory Davis, Senior Litigator, Winston-Salem, North Carolina, for Appellant. Robert Michael Hamilton, Assistant United States Attorney, Greensboro, North Carolina, for Appellee.


UNPUBLISHED

Appeal from the United States District Court for the Middle District of North Carolina, at Greensboro. Catherine C. Eagles, District Judge. (1:12-cr-00176-CCE-1) Before MOTZ, SHEDD, and WYNN, Circuit Judges. Affirmed by unpublished per curiam opinion. Louis C. Allen III, Federal Public Defender, Gregory Davis, Senior Litigator, Winston-Salem, North Carolina, for Appellant. Robert Michael Hamilton, Assistant United States Attorney, Greensboro, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM:

John Womack, Jr., appeals the forty-one-month sentence imposed after his guilty plea to mail fraud, in violation of 18 U.S.C. § 1341 (2006), and making false statements, in violation of 18 U.S.C. § 1033(a)(1) (2006). Womack's counsel submitted a brief pursuant to Anders v. California, 386 U.S. 738 (1967), asserting that there are no meritorious issues for review but questioning the reasonableness of Womack's sentence. Womack was advised of his right to file a pro se supplemental brief but has not done so. We affirm.

This court reviews Womack's sentence for reasonableness, applying an abuse-of-discretion standard. Gall v. United States, 552 U.S. 38, 51 (2007). This requires consideration of both the procedural and substantive reasonableness of the sentence. Id.; United States v. Lynn, 592 F.3d 572, 575 (4th Cir. 2010). Our review of the record confirms that Womack's within-Guidelines sentence is both procedurally and substantively reasonable. See United States v. Powell, 650 F.3d 388, 395 (4th Cir.) (stating that sentence within correctly calculated Guidelines range is presumptively reasonable on appeal), cert. denied, 132 S. Ct. 350 (2011).

In accordance with Anders, we have reviewed the record in this case and have found no meritorious issues for appeal. We therefore affirm the district court's judgment. This court requires that counsel inform Womack, in writing, of the right to petition the Supreme Court of the United States for further review. If Womack 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 Womack. 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


Summaries of

United States v. Womack

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
Mar 19, 2013
514 F. App'x 351 (4th Cir. 2013)

In Womack, the defendant pled guilty to making false statements under 18 U.S.C. § 1033(a)(1); the Fourth Circuit affirmed the 41 month sentence imposed pursuant to the guilty plea.

Summary of this case from United States v. Cohen
Case details for

United States v. Womack

Case Details

Full title:UNITED STATES OF AMERICA, Plaintiff - Appellee, v. JOHN WOMACK, JR.…

Court:UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

Date published: Mar 19, 2013

Citations

514 F. App'x 351 (4th Cir. 2013)

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