No. 14-4486
Appeal from the United States District Court for the Southern
District of West Virginia, at Parkersburg. Thomas E. Johnston,
District Judge. (6:12-cr-00210-1)
Submitted:
Decided:
PER CURIAM:
Lloyd B. Carr appeals the seventy-five month, withinGuidelines sentence imposed following his guilty plea to mail
fraud, in violation of 18 U.S.C. 1341 (2012).
He argues that
We affirm.
We
review
sentences
for
deferential
abuse-of-discretion
States,
U.S.
552
district
court
including
38,
41
standard.
(2007).
committed
improper
reasonableness
no
We
calculation
of
Gall
first
significant
under
v.
ensure
the
United
that
procedural
the
error,
Guidelines
range,
and
States
inadequate
v.
Lynn,
explanation
592
F.3d
of
572,
the
sentence
575
(4th
imposed.
Cir.
2010)
the
responsibility
Whether
three-level
based
defendant
upon
reduction
merits
his
for
statements
an
acceptance
acceptance
during
of
of
allocution.
responsibility
To
Id.
(internal
sentencing
judge
is
in
quotation
a
unique
marks
omitted).
position
to
[T]he
evaluate
of
the
deference on review.
761
(4th
omitted).
Cir.
2003)
sentencing
judge
is
entitled
to
great
quotation
marks
and
brackets
left with the definite and firm conviction that a mistake has
been committed.
marks omitted).
We
discern
no
clear
error
in
the
district
guilty,
his
statements
during
allocution
courts
While Carr
reflected
harm his victims and stated his crimes were not deliberate.
As
We
assess
substantive
reasonableness
by
Any sentence
Such a presumption
can
the
only
be
unreasonable
factors.
rebutted
when
by
measured
showing
against
that
the
18
sentence
U.S.C.
is
3553(a)
totality
of
the
circumstances,
including
the
applicable
dispense
with
oral
argument
because
the
facts
and
legal