UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 19-4218
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
WILLIAM RONALD DOUGLAS, II,
Defendant - Appellant.
Appeal from the United States District Court for the Middle District of North Carolina, at
Greensboro. William L. Osteen, Jr., District Judge. (1:10-cr-00420-WO-1)
Submitted: November 21, 2019 Decided: November 25, 2019
Before KEENAN and DIAZ, Circuit Judges, and SHEDD, Senior Circuit Judge.
Affirmed by unpublished per curiam opinion.
Renorda Pryor, HERRING LAW CENTER, PLLC, Durham, North Carolina, for
Appellant. Michael Francis Joseph, Assistant United States Attorney, OFFICE OF THE
UNITED STATES ATTORNEY, Greensboro, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
William Ronald Douglas, II, appeals the district court’s judgment revoking his
supervised release and sentencing him to 48 months of imprisonment and 1 year of
supervised release. Counsel filed a brief pursuant to Anders v. California, 386 U.S. 738
(1967), asserting there are no meritorious grounds for appeal but discussing whether the
district court imposed a plainly unreasonable sentence. In his pro se supplemental brief,
Douglas argues that the controlled substances found in his vehicle were the fruit of Fourth
Amendment violations. The Government declined to file a response brief.
“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.” United States v. Slappy, 872 F.3d 202, 207 (4th Cir. 2017) (internal
quotation marks omitted). “To consider whether a revocation sentence is plainly
unreasonable, we first must determine whether the sentence is procedurally or
substantively unreasonable.” Id.
“A revocation sentence is procedurally reasonable if the district court adequately
explains the chosen sentence after considering the Sentencing Guidelines’ nonbinding
Chapter Seven policy statements and the applicable 18 U.S.C. § 3553(a) factors.” Id.
(footnotes and citation omitted). “[A] revocation sentence is substantively reasonable if
the court sufficiently states a proper basis for its conclusion that the defendant should
receive the sentence imposed.” Id. (internal brackets and quotation marks omitted).
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We conclude that the district court did not err when it imposed the 48-month
sentence. The district court properly calculated Douglas’ policy statement range as 18-24
months, based on his Grade A violation and his criminal history category of III, U.S.
Sentencing Guidelines Manual § 7B1.4(a), p.s. (2018) (revocation table). The court heard
the parties’ arguments and Douglas’ allocution, responded to the parties’ arguments, and
explained the selected sentence in terms of the revocation-relevant statutory factors. The
district court thoroughly explained its rationale for imposing the above-policy statement-
range sentence in terms of the relevant § 3553(a) factors and specifically addressed
counsel’s arguments for a sentence within the policy statement range.
In accordance with Anders, we have reviewed the entire record in this case and have
found no meritorious grounds for appeal. We have considered the arguments presented in
Douglas’ pro se supplemental brief and conclude they are without merit. * We therefore
affirm the district court’s judgment. This court requires that counsel inform Douglas, in
writing, of his right to petition the Supreme Court of the United States for further review.
If Douglas requests that a petition be filed, but counsel believes that such a petition would
be frivolous, then counsel may move this court for leave to withdraw from representation.
Counsel’s motion must state that a copy thereof was served on Douglas. We dispense with
*
Douglas’ claim in his pro se supplemental brief that the drugs seized during his
traffic stop should have been suppressed fails because the exclusionary rule does not apply
in supervised release revocation proceedings. United States v. Armstrong, 187 F.3d 392,
394-95 (4th Cir. 1999).
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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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