UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 09-4291
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
WANDA Y. MARTIN,
Defendant - Appellant.
Appeal from the United States District Court for the District of
South Carolina, at Columbia. Matthew J. Perry, Jr., Senior
District Judge. (3:08-cr-00886-MJP-1)
Submitted: August 27, 2009 Decided: October 1, 2009
Before NIEMEYER and SHEDD, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Parks N. Small, Federal Public Defender, Columbia, South
Carolina, for Appellant. W. Walter Wilkins, United States
Attorney, Winston D. Holliday, Jr., Assistant United States
Attorney, Columbia, South Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Wanda Y. Martin, the sole defendant in a twenty-nine
count indictment charging wire fraud, in violation of 18
U.S.C.A. § 1343 (West Supp. 2009), pled guilty pursuant to a
written plea agreement, to count twenty-two. The district court
sentenced Martin to twenty-seven months’ imprisonment and
ordered restitution in the amount of $342,991.51 to the
charitable organization which Martin defrauded while in its
employ. On appeal, Martin alleges that the district court gave
presumptive weight to the advisory guideline sentence range in
violation of Rita v. United States, 551 U.S. 338 (2007), in
rejecting counsel’s request to allow Martin to serve her
sentence through home detention, a half-way house, or community
supervision. The record simply provides no support for the
assertion that the court improperly treated the guidelines as
presumptively reasonable.
Accordingly, we affirm the district court’s judgment.
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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