UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 06-5134
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
NATE JACKSON, a/k/a “B”,
Defendant - Appellant.
Appeal from the United States District Court for the Northern
District of West Virginia, at Clarksburg. Irene M. Keeley, Chief
District Judge. (1:06-cr-00044-IMK)
Submitted: September 12, 2007 Decided: October 4, 2007
Before MICHAEL and MOTZ, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Ailynn M. Orteza, Morgantown, West Virginia, for Appellant.
Sharon L. Potter, United States Attorney, Shawn Angus Morgan,
Assistant United States Attorney, Clarksburg, West Virginia, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Nate Jackson appeals his 292-month sentence imposed upon
his guilty plea to possession with intent to distribute 4.8 grams
of cocaine base within 1000 feet of a protected location in
violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(C), and 860. Appellate
counsel has filed a brief pursuant to Anders v. California, 386
U.S. 738 (1967), raising the issue of whether Jackson’s sentence is
reasonable, but alleging no error by the district court and
concluding there are no meritorious grounds for appeal. Jackson
was informed of his right to file a pro se supplemental brief but
has not done so. For the reasons that follow, we affirm.
This court reviews the imposition of a sentence for
reasonableness. United States v. Booker, 543 U.S. 220, 260-61
(2005); United States v. Hughes, 401 F.3d 540, 546-47 (4th Cir.
2005). After Booker, courts must calculate the appropriate
guidelines range, making any appropriate factual findings. United
States v. Davenport, 445 F.3d 366, 370 (4th Cir. 2006). The court
then should consider the resulting advisory guidelines range in
conjunction with the factors under 18 U.S.C.A. § 3553(a) (West 2000
& Supp. 2007) and determine an appropriate sentence. Davenport,
445 F.3d at 370. “[A] sentence within the proper advisory
Guidelines range is presumptively reasonable.” United States v.
Johnson, 445 F.3d 339, 341 (4th Cir. 2006); see Rita v. United
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States, 127 S. Ct. 2456, 2462-69 (2007) (upholding application of
presumption of reasonableness to within-guidelines sentence).
In this case, the district court properly calculated the
guidelines range as between 292 and 365 months, based on Jackson’s
offense level of thirty-eight and criminal history category of
three. Moreover, the district court treated the guidelines as
advisory, and sentenced Jackson only after considering the
sentencing guidelines, the § 3553(a) factors, and counsel’s
arguments. Jackson’s 292-month sentence is presumptively
reasonable, as it is within the appropriate guidelines range and
below the forty-year statutory maximum. See 21 U.S.C.
§§ 841(b)(1)(C), 860. As neither Jackson nor the record suggests
any information to rebut the presumption, we find that Jackson’s
sentence is reasonable.
As required by Anders, we have reviewed the entire record
and have found no meritorious issues for appeal. We therefore
affirm Jackson’s 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 in this
court for leave to withdraw from representation. Counsel’s motion
must state that a copy thereof was served on the client. We
dispense with oral argument because the facts and legal contentions
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are adequately presented in the materials before the court and
argument would not aid the decisional process.
AFFIRMED
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