United States v. Cheatham

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT UNITED STATES OF AMERICA,  Plaintiff-Appellee, v.  No. 02-4272 SAMUEL L. CHEATHAM, a/k/a Skeet, Defendant-Appellant.  Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Terrence W. Boyle, Chief District Judge. (CR-95-123) Submitted: August 15, 2002 Decided: August 21, 2002 Before NIEMEYER, LUTTIG, and WILLIAMS, Circuit Judges. Affirmed by unpublished per curiam opinion. COUNSEL Thomas P. McNamara, Federal Public Defender, Edwin C. Walker, Assistant Federal Public Defender, Raleigh, North Carolina, for Appellant. Frank D. Whitney, United States Attorney, Anne M. Hayes, Assistant United States Attorney, Kimberly A. Moore, Assis- tant United States Attorney, Raleigh, North Carolina, for Appellee. 2 UNITED STATES v. CHEATHAM Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). OPINION PER CURIAM: Samuel Cheatham appeals the district court’s revocation of his supervised release and resulting sixty month sentence. Cheatham acknowledges he violated the terms of his supervised release but asserts his sixty-month sentence was excessive and plainly unreason- able. Finding no error, we affirm. We review the reasonableness of a revocation sentence for abuse of discretion. See United States v. Davis, 53 F.3d 638, 642-43 (4th Cir. 1995). The recommended guidelines range for Cheatham’s sen- tence was eight to fourteen months. See U.S. Sentencing Guidelines Manuel § 7B1.4(a), p.s. (2000). We find, however, the district court did not abuse its discretion in sentencing Cheatham to the statutory maximum sentence of sixty months. See 18 U.S.C. § 3583(e)(3) (2000). The sentencing ranges contained in Chapter Seven of the Guidelines are "non-binding, advi- sory guides to district courts in supervised release revocation proceed- ings." Davis, 53 F.3d at 642. Once a district court considers Chapter Seven’s policy statements, the court is free to exercise its discretion to reject the suggested sentence and impose the statutorily authorized sentence it deems appropriate. Id. at 642-43. Because the district court considered the relevant factors in sentencing Cheatham, we find no abuse of discretion in the sentence imposed. Accordingly, we affirm Cheatham’s conviction and sentence. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argu- ment would not aid the decisional process. AFFIRMED