United States v. Panfilo Bautista-Marcial

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 12-4567 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. PANFILO BAUTISTA-MARCIAL, Defendant - Appellant. Appeal from the United States District Court for the Middle District of North Carolina, at Greensboro. William L. Osteen, Jr., Chief District Judge. (1:11-cr-00383-WO-1) Submitted: January 22, 2013 Decided: January 24, 2013 Before WILKINSON, NIEMEYER, and THACKER, Circuit Judges. Affirmed by unpublished per curiam opinion. Louis C. Allen III, Federal Public Defender, Mireille P. Clough, Assistant Federal Public Defender, Winston-Salem, North Carolina, for Appellant. Angela Hewlett Miller, Assistant United States Attorney, Greensboro, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Panfilo Bautista-Marcial pled guilty to transferring false identification documents and possession of five or more false identification documents. The district court sentenced him to 37 months’ imprisonment on each charge, to run concurrently. Bautista-Marcial’s counsel filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967), stating that, in counsel’s view, there are no meritorious issues for appeal, but questioning whether Bautista-Marcial’s sentence was reasonable. Bautista-Marcial was advised of his right to file a pro se supplemental brief, but has not done so. Finding no reversible error, we affirm. We have reviewed Bautista-Marcial’s sentence and conclude that it was properly calculated and that the sentence imposed was reasonable. See Gall v. United States, 552 U.S. 38, 51 (2007); see United States v. Llamas, 599 F.3d 381, 387 (4th Cir. 2010). The district court followed the necessary procedural steps in sentencing Bautista-Marcial, appropriately treated the Sentencing Guidelines as advisory, properly calculated and considered the applicable Guidelines range, and weighed the relevant 18 U.S.C. § 3553(a) (2006) factors in light of Bautista-Marcial’s individual characteristics and history. We conclude that the district court did not abuse its discretion in imposing the chosen sentence. See Gall, 552 U.S. at 41; 2 United States v. Allen, 491 F.3d 178, 193 (4th Cir. 2007) (applying appellate presumption of reasonableness to within Guidelines sentence). In accordance with Anders, we have reviewed the entire record in this case and have found no meritorious issues for appeal. This court requires that counsel inform Bautista- Marcial, in writing, of the right to petition the Supreme Court of the United States for further review. If Bautista-Marcial 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 Bautista- Marcial. 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 3