UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 19-4232
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
DANIEL ERNEST MCGINNIS,
Defendant - Appellant.
Appeal from the United States District Court for the Western District of Virginia, at
Lynchburg. Norman K. Moon, Senior District Judge. (6:08-cr-00025-NKM-1)
Submitted: September 26, 2019 Decided: September 30, 2019
Before NIEMEYER and KEENAN, Circuit Judges, and HAMILTON, Senior Circuit
Judge.
Affirmed by unpublished per curiam opinion.
Juval O. Scott, Jr., Federal Public Defender, Randy V. Cargill, Assistant Federal Public
Defender, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Roanoke, Virginia, for
Appellant. Thomas T. Cullen, United States Attorney, Roanoke, Virginia, Jean B. Hudson,
Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY,
Charlottesville, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Daniel Ernest McGinnis appeals the district court’s judgment revoking his
supervised release and sentencing him to 11 months’ imprisonment. McGinnis challenges
the reasonableness of his sentence, contending that the district court did not consider his
evidence of good behavior while awaiting his revocation hearing and in failing to impose
his sentence concurrent to a state sentence. We affirm.
“A district court has broad discretion when imposing a sentence upon revocation of
supervised release.” United States v. Webb, 738 F.3d 638, 640 (4th Cir. 2013). We “will
affirm a revocation sentence if it is within the statutory maximum and is not ‘plainly
unreasonable.’” Id. (quoting United States v. Crudup, 461 F.3d 433, 438 (4th Cir. 2006)).
“When reviewing whether a revocation sentence is plainly unreasonable, we must first
determine whether it is unreasonable at all.” United States v. Thompson, 595 F.3d 544,
546 (4th Cir. 2010). A sentence is substantively reasonable if the district court states a
proper basis for concluding the defendant should receive the sentence imposed, up to the
statutory maximum. Crudup, 461 F.3d at 440. A sentence within the applicable policy
statement range under Chapter 7 of the Sentencing Guidelines is presumed reasonable.
United States v. Padgett, 788 F.3d 370, 373 (4th Cir. 2015). Applying these standards, we
readily conclude that McGinnis’s within-range, 11-month sentence is neither procedurally
nor substantively unreasonable. The court recognized that it had the authority to run the
sentence concurrently to a state sentence, considered McGinnis’s argument, and found that
it was not appropriate.
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Accordingly, we affirm the judgment. 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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