Certiorari granted, January 7, 2008
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 06-4042
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
DESMOND OLLIVIERRE, a/k/a James Franklin
Bridges,
Defendant - Appellant.
Appeal from the United States District Court for the District of
South Carolina, at Rock Hill. Cameron McGowan Currie, District
Judge. (0:97-CR-00726-CMC-2)
Submitted: June 22, 2006 Decided: June 28, 2006
Before NIEMEYER, MICHAEL, and GREGORY, Circuit Judges.
Affirmed by unpublished per curiam opinion.
John H. Hare, Assistant Federal Public Defender, Columbia, South
Carolina, for Appellant. Reginald I. Lloyd, United States
Attorney, Kevin F. McDonald, Assistant United States Attorney,
Columbia, South Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Desmond Ollivierre was convicted by a jury of possession
with intent to distribute crack cocaine and originally sentenced to
225 months imprisonment. Ollivierre’s sentence was later vacated
and remanded for resentencing in accordance with United States v.
Booker, 543 U.S. 220 (2005), and United States v. Hughes, 401 F.3d
540, 546 (4th Cir. 2005). On remand, the district court
resentenced him to 210 months imprisonment. Olliviere appeals,
claiming that his sentence is unreasonable because the district
court refused to depart from the advisory guidelines range, which
took into account the 100:1 crack to powder cocaine ratio.
After the Supreme Court’s decision in Booker, a
sentencing court is no longer bound by the range prescribed by the
sentencing guidelines. See Hughes, 401 F.3d at 546. However, in
determining a sentence post-Booker, sentencing courts are still
required to calculate and consider the applicable guideline range
as well as the factors set forth in 18 U.S.C.A. § 3553(a) (West
2000 & Supp. 2006). Id. If the sentence imposed is within the
properly calculated guideline range, it is presumptively
reasonable. United States v. Green, 436 F.3d 449, 456 (4th Cir.),
cert. denied, 74 U.S.L.W. 3654 (U.S. May 22, 2006) (No. 05-10474).
Ollivierre’s sentence was both within the properly-
calculated guideline range of 210-262 months, and within the
statutory maximum of life imprisonment. See 21 U.S.C. § 841(b)
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(2000). Moreover, we have recently considered and rejected a post-
Booker challenge to the 100:1 crack to powder cocaine ratio
contained in the sentencing guidelines. See United States v. Eura,
440 F.3d 625 (4th Cir. 2006). Because the district court
appropriately treated the guidelines as advisory, and properly
calculated and considered the guideline range and the relevant §
3553(a) factors, we find the sentence reasonable.
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 the decisional process.
AFFIRMED
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