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    United States v. Jenkins, 4th Cir. (2008)

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    The document summarizes a United States Court of Appeals case. Darell Jenkins pled guilty to possession of a firearm by a felon and was sentenced to 54 months in prison. Jenkins' attorney argued on appeal that the sentence was unreasonable. However, the court found that the district court properly calculated the sentencing guidelines and considered the sentencing factors. The appeals court also found that Jenkins' sentence was within the guidelines and below the statutory maximum, so it was presumptively reasonable. Therefore, the appeals court affirmed both Jenkins' conviction and sentence.

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    United States v. Jenkins, 4th Cir. (2008)

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    Scribd Government Docs
    12 views3 pages
    The document summarizes a United States Court of Appeals case. Darell Jenkins pled guilty to possession of a firearm by a felon and was sentenced to 54 months in prison. Jenkins' attorney argued on appeal that the sentence was unreasonable. However, the court found that the district court properly calculated the sentencing guidelines and considered the sentencing factors. The appeals court also found that Jenkins' sentence was within the guidelines and below the statutory maximum, so it was presumptively reasonable. Therefore, the appeals court affirmed both Jenkins' conviction and sentence.

    Original Description:

    Filed: 2008-01-22 Precedential Status: Non-Precedential Docket: 07-4459

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    The document summarizes a United States Court of Appeals case. Darell Jenkins pled guilty to possession of a firearm by a felon and was sentenced to 54 months in prison. Jenkins' attorney argued on appeal that the sentence was unreasonable. However, the court found that the district court properly calculated the sentencing guidelines and considered the sentencing factors. The appeals court also found that Jenkins' sentence was within the guidelines and below the statutory maximum, so it was presumptively reasonable. Therefore, the appeals court affirmed both Jenkins' conviction and sentence.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Download as pdf
    12 views3 pages

    United States v. Jenkins, 4th Cir. (2008)

    Uploaded by

    Scribd Government Docs
    The document summarizes a United States Court of Appeals case. Darell Jenkins pled guilty to possession of a firearm by a felon and was sentenced to 54 months in prison. Jenkins' attorney argued on appeal that the sentence was unreasonable. However, the court found that the district court properly calculated the sentencing guidelines and considered the sentencing factors. The appeals court also found that Jenkins' sentence was within the guidelines and below the statutory maximum, so it was presumptively reasonable. Therefore, the appeals court affirmed both Jenkins' conviction and sentence.

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 07-4459

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    versus
    DARELL EUGENE JENKINS,
    Defendant - Appellant.

    Appeal from the United States District Court for the Middle
    District of North Carolina, at Durham. N. Carlton Tilley, Jr.,
    District Judge. (1:06-cr-00314-NCT)

    Submitted:

    January 17, 2008

    Decided:

    January 22, 2008

    Before TRAXLER, SHEDD, and DUNCAN, Circuit Judges.

    Affirmed by unpublished per curiam opinion.

    John D. Bryson, WYATT EARLY HARRIS WHEELER, LLP, High Point, North
    Carolina, for Appellant.
    Anna Mills Wagoner, United States
    Attorney; Lisa B. Boggs, Assistant United States Attorney,
    Greensboro, North Carolina, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Darell Eugene Jenkins pled guilty pursuant to a written
    plea agreement to possession of a firearm by a felon, in violation
    of 18 U.S.C. 922(g)(1); 924(a)(2) (2000). Jenkins was sentenced
    to 54 months imprisonment.

    Finding no error, we affirm.

    On appeal, counsel filed a brief pursuant to Anders v.


    California, 386 U.S. 738 (1967), asserting there are no meritorious
    grounds for appeal, but questioning whether Jenkins sentence is
    reasonable.

    Jenkins was notified of his right to file a pro se

    supplemental brief, but did not do so, and the Government elected
    not to file a responding brief.
    Jenkins contends his sentence is unreasonable.

    However,

    the district court appropriately treated the Sentencing Guidelines


    as

    advisory,

    properly

    calculated

    and

    considered

    the

    advisory

    guideline range, and weighed the relevant 18 U.S.C. 3553(a)


    (2000) factors.
    (4th Cir. 2005).
    than

    the

    See United States v. Hughes, 401 F.3d 540, 546-47


    Jenkins 54-month sentence, which is no greater

    applicable

    guideline

    range

    and

    below

    maximum, is therefore presumptively reasonable.

    the

    statutory

    See United States

    v. Green, 436 F.3d 449, 457 (4th Cir.), cert. denied, 126 S. Ct.
    2309 (2006); see also Rita v. United States, 127 S. Ct. 2456,
    2462-65 (2007) (approving presumption of reasonableness accorded
    sentences within properly calculated guideline range).

    - 2 -

    In accordance with Anders, we have reviewed the entire


    record in this case and have found no meritorious issues for
    appeal.

    Accordingly, we affirm the conviction and sentence.

    This

    court requires that counsel inform his client, in writing, of his


    right to petition the Supreme Court of the United States for
    further review.

    If the client requests that a petition be filed,

    but counsel believes that such a petition would be frivolous, then


    counsel

    may

    move

    representation.

    this

    court

    for

    leave

    to

    withdraw

    from

    Counsels motion must state that a copy thereof

    was served on the client.

    We dispense with oral argument because

    the facts and legal contentions are adequately presented in the


    materials before the court and argument would not aid in the
    decisional process.

    AFFIRMED

    - 3 -

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