UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 16-4407
UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
CHARLES MANU,
Defendant - Appellant.
Appeal from the United States District Court for the Northern
District of West Virginia, at Wheeling. John Preston Bailey,
District Judge. (5:15-cr-00060-JPB-JES-1)
Submitted: November 17, 2016 Decided: November 23, 2016
Before GREGORY, Chief Judge, and KING and DUNCAN, Circuit
Judges.
Affirmed by unpublished per curiam opinion.
Brendan S. Leary, FEDERAL PUBLIC DEFENDER OFFICE, Wheeling, West
Virginia, for Appellant. William J. Ihlenfeld, II, United
States Attorney, David J. Perri, Assistant United States
Attorney, Wheeling, West Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Charles Manu pled guilty to possession of unauthorized
access devices, 18 U.S.C. §§ 1029(a)(3), 1029(c)(1)(A)(i)
(2012), and was sentenced to 24 months in prison. He now
appeals, challenging the reasonableness of his sentence. We
affirm.
The record reflects that the district court properly
determined that Manu’s Guidelines range was 6-12 months,
considered the 18 U.S.C. § 3553(a) (2012) sentencing factors and
the arguments of the parties, and provided a sufficiently
individualized assessment based on the facts of the case. The
court explained that it had varied above the Guidelines range
because Manu had not cooperated fully with investigators, had
recently committed a similar offense in Kentucky, and had not
been truthful with his probation officer about his claimed past
employment. We conclude that the sentence is procedurally and
substantively reasonable. See Gall v. United States, 552 U.S.
38, 51 (2007); United States v. Carter, 564 F.3d 325, 330 (4th
Cir. 2009).
We therefore affirm. We dispense with oral argument
because the facts and legal contentions are adequately presented
in the materials before this court and argument would not aid
the decisional process.
AFFIRMED
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