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    The United States Court of Appeals for the Fourth Circuit affirmed the district court's revocation of Adrian Chavez's supervised release and imposition of a 36-month prison sentence. The Court found the sentence to be procedurally and substantively reasonable given the district court's consideration of the sentencing factors and explanation of the sentence based on Chavez's criminal history and danger to the community. The Court also noted that advance notice of an above-guidelines sentence is not required for supervised release revocations.

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    The United States Court of Appeals for the Fourth Circuit affirmed the district court's revocation of Adrian Chavez's supervised release and imposition of a 36-month prison sentence. The Court found the sentence to be procedurally and substantively reasonable given the district court's consideration of the sentencing factors and explanation of the sentence based on Chavez's criminal history and danger to the community. The Court also noted that advance notice of an above-guidelines sentence is not required for supervised release revocations.

    Original Description:

    Filed: 2012-10-15 Precedential Status: Non-Precedential Docket: 12-4056

    Original Title

    United States v. Adrian Chavez, 4th Cir. (2012)

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    The United States Court of Appeals for the Fourth Circuit affirmed the district court's revocation of Adrian Chavez's supervised release and imposition of a 36-month prison sentence. The Court found the sentence to be procedurally and substantively reasonable given the district court's consideration of the sentencing factors and explanation of the sentence based on Chavez's criminal history and danger to the community. The Court also noted that advance notice of an above-guidelines sentence is not required for supervised release revocations.

    Copyright:

    Public Domain
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    15 views4 pages

    Unpublished

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    The United States Court of Appeals for the Fourth Circuit affirmed the district court's revocation of Adrian Chavez's supervised release and imposition of a 36-month prison sentence. The Court found the sentence to be procedurally and substantively reasonable given the district court's consideration of the sentencing factors and explanation of the sentence based on Chavez's criminal history and danger to the community. The Court also noted that advance notice of an above-guidelines sentence is not required for supervised release revocations.

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 12-4056

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    v.
    ADRIAN CHAVEZ,
    Defendant - Appellant.

    Appeal from the United States District Court for the Eastern
    District of North Carolina, at Raleigh.
    Terrence W. Boyle,
    District Judge. (5:07-cr-00037-BO-1)

    Submitted:

    October 10, 2012

    Decided:

    October 15, 2012

    Before WILKINSON, KING, and GREGORY, Circuit Judges.

    Affirmed by unpublished per curiam opinion.

    Richard L. Cannon, III, CANNON LAW OFFICES, PLLC, Greenville,


    North Carolina, for Appellant.
    Jennifer P. May-Parker,
    Assistant United States Attorney, Raleigh, North Carolina, for
    Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Adrian

    Chavez

    appeals

    the

    district

    courts

    order

    revoking his term of supervised release and imposing a sentence


    of thirty-six months imprisonment.
    pursuant

    to

    Anders

    v.

    Counsel has filed a brief

    California,

    386

    U.S.

    738

    (1967),

    certifying that there are no meritorious issues for appeal, but


    questioning whether the district court erred in imposing the
    maximum sentence and whether the district court provided Chavez
    sufficient

    notice

    Guidelines range.

    regarding

    the

    upward

    departure

    declined to file a response brief.

    sentence

    district

    revoking

    the

    Chavez was given the opportunity file a pro

    se supplemental brief, but has not done so.

    from

    court

    has

    defendants

    The Government

    We affirm.
    broad

    discretion

    supervised

    to

    impose

    release.

    United

    States v. Thompson, 595 F.3d 544, 547 (4th Cir. 2010).

    We will

    affirm a sentence imposed after revocation of supervised release


    if

    it

    is

    within

    unreasonable.
    (4th

    Cir.

    consider

    the

    statutory

    maximum

    and

    is

    not

    plainly

    United States v. Crudup, 461 F.3d 433, 439-40

    2006).
    whether

    In
    the

    making

    this

    sentence

    substantively unreasonable.

    determination,

    imposed

    Id. at 438.

    is

    we

    procedurally

    first
    and

    A supervised release

    revocation sentence is procedurally reasonable if the district


    court has considered the advisory policy statement range and the
    18

    U.S.C.

    3553(a)

    (2006)

    factors
    2

    applicable

    to

    supervised

    Id. at 438-40.

    release revocation.

    A court need not be as

    detailed or specific when imposing a revocation sentence as it


    must be when imposing a post-conviction sentence, but it still
    must

    provide

    imposed.

    statement

    reasons

    for

    the

    sentence

    Thompson, 595 F.3d at 547 (internal quotation marks

    omitted).

    district

    sentence

    court

    defendant

    should

    found

    is

    stated

    receive

    statutory maximum.
    is

    of

    substantively
    proper

    the

    reasonable

    basis

    sentence

    for

    or

    substantively

    the

    concluding

    the

    imposed,

    Crudup, 461 F.3d at 440.

    procedurally

    if

    up

    to

    the

    Only if a sentence

    unreasonable

    will

    then decide whether the sentence is plainly unreasonable.

    we
    Id.

    at 439.
    After
    revocation

    review

    sentence

    reasonable.

    of

    is

    the

    both

    we

    procedurally

    conclude
    and

    that

    the

    substantively

    The thirty-six-month sentence does not exceed the

    applicable statutory maximum.


    explained

    record,

    its

    rationale

    for

    The district court sufficiently


    imposing

    the

    statutory

    maximum

    sentence, emphasizing the dangerous nature of the weapon found


    in Chavezs possession, the severe danger posed by Chavez to the
    community,

    and

    the

    deterrent

    affect

    on

    fact
    his

    that

    Chavezs

    criminal

    prior

    conduct.

    sentence
    In

    had

    addition,

    no
    the

    district court was not required to provide Chavez advance notice


    of its consideration of a sentence above the Guidelines range,
    as Fed. R. Crim. P. 32.1, which governs revocation of supervised
    3

    release, does not require advance notice of a potential sentence


    in excess of the Guidelines range.
    In accordance with Anders, we have reviewed the entire
    record for meritorious issues and have found none.
    affirm the district courts judgment.

    We therefore

    This court requires that

    counsel inform Chavez, in writing, of his right to petition the


    Supreme

    Court

    of

    the

    United

    States

    for

    further

    review.

    If

    Chavez requests that a petition be filed, but counsel believes


    that such a petition would be frivolous, counsel may move in
    this court for leave to withdraw from representation.

    Counsels

    motion must state that a copy thereof was served on Chavez.


    dispense

    with

    oral

    argument

    because

    the

    facts

    and

    We

    legal

    contentions are adequately presented in the materials before the


    court and argument would not aid the decisional process.

    AFFIRMED

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