No. 10-5223
Appeal from the United States District Court for the District of
South Carolina, at Greenville. Henry F. Floyd, District Judge.
(6:09-cr-01337-HFF-1)
Submitted:
Decided:
PER CURIAM:
Marcus Robinson appeals the district courts judgment
imposing a 180 month sentence on him pursuant to his plea of
guilty to one count of possession of a firearm in furtherance of
a
drug
trafficking
crime,
924(c)(1)(A) (2006).
in
violation
of
18
U.S.C.
presentence
concluded
pursuant
to
4B1.1(c).
that
U.S.
report
Robinson
(the
PSR)
qualified
Sentencing
as
Guidelines
prepared
career
Manual
in
his
offender
(USSG)
adjustment
to
Robinsons
total
offense
level
for
the
March
2004
lynching
conviction
and
the
April
2006
When
taking issue with the PSRs conclusion that both offenses were
predicate
offenses
Guidelines.
for
of
the
career
offender
purposes
catch-alls
that
let
the
prosecution
off
the
hook
purposes
substantial
of
sentencing
sentence
needs
.
to
.
be
but
still
imposed.
believe
After
the
court
contends
unreasonable
for
designated
career
three
on
appeal
reasons:
offender
that
(1)
under
USSG
his
he
sentence
was
is
improperly
4B1.1(a);
(2)
his
deferential
States,
552
abuse-of-discretion
U.S.
38,
51
(2007).
standard.
A
Gall
v.
United
reasonableness
review
Id.
sentence
is
procedurally
reasonable
where
the
district
court
is
assessed
circumstances.
substantively
light
of
if
the
the
totality
of
the
factors
do
not
(4th Cir.), cert. denied, 131 S. Ct. 2946 (2011) (citing Gall,
552 U.S. at 52).
properly
calculated
reasonable.
Guidelines
range
is
presumptively
2007).
Because Robinson preserved none of his present claims
for appeal, this court reviews them for plain error.
States v. Lynn, 592 F.3d 572, 576-77 (4th Cir. 2010).
United
On plain
error review, the court must determine (1) whether there was
error; (2) whether it was plain; (3) whether it affected [the
appellants] substantial rights; and (4) whether, if the first
4
him
as
first
a
contends
career
that
offender
the
under
PSR
USSG
improperly
4B1.1(a).
USSG 4B1.1(a)(2).
As explained
is
controlled
substance
offense
so
long
as
the
924(c)(1)(A)
conviction
is
controlled
substance
offense
Thus,
predicate
offense
to
support
offender, he is incorrect.
his
designation
as
career
State v. Smith,
352 S.C. 133, 137, 572 S.E.2d 473, 475 (S.C. Ct. App. 2002).
We
States
Accordingly,
v.
we
Clay,
are
627
F.3d
persuaded
959,
that
966
(4th
Robinson
Cir.
was
2010). 2
properly
district
court
should
have
imposed
only
sixty-month
at
15).
previously
specify
Unfortunately
observed
otherwise,
that,
its
for
Robinson,
because
maximum
(Appellants
this
924(c)(1)(A)
penalty
is
life.
court
has
does
not
United
See
that
the
current
version
of
924(c)
provides
for
product
of
neither
procedural
nor
substantive
argument
adequately
because
presented
in
the
the
facts
and
materials
error,
we
We dispense with
legal
before
contentions
the
court
are
and