No. 15-4171
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh.
James C. Dever, III,
Chief District Judge. (5:14-cr-00025-D-1)
Submitted:
Decided:
December 7, 2015
PER CURIAM:
Samuel Michael Finch pled guilty pursuant to a written plea
agreement to one count of possession of a firearm by a convicted
felon in violation of 18 U.S.C. 922(g) (2012).
court
imposed
imprisonment.
procedurally
an
upward
departure
sentence
The district
of
72-months
substantively
unreasonable.
For
the
reasons
review
reasonableness,
standard.
sentence
applying
imposed
a
by
district
deferential
court
for
abuse-of-discretion
ensure
district
that
the
court
did
not
commit
significant
2009).
We
then
review
into
the
sentence
account
substantive
reasonableness,
taking
circumstances.
the
for
totality
of
the
Finch
departing
contends
upward
that
based
the
on
court
an
erred
inadequate
procedurally
criminal
in
history
selects.
RiveraSantana,
668
F.3d
at
104
(internal
Finchs
category.
In
request
for
category
IV
criminal
history
any
event,
any
procedural
error
is
harmless
if
the
Id. at 104.
See United
greater
than
necessary,
forth in [ 3553(a)(2)].
whether
variance
whether
the
to
of
with
the
18 U.S.C. 3553(a).
sentence
degree
comply
is
variance
reasonable,
is
set
In determining
we
supported
purposes
must
by
consider
the
courts
a
is
court.
different
sentencing
insufficient
to
result
justify
Id. at
our
reversal
own,
of
this
the
fact
district
2007).
The
district
court
adequately
explained
its
sentence
by
sentence
was
needed
for
4
deterrence,
for
just
punishment,
to
protect
the
community.
In
light
of
those
not
greater
than
necessary
to
accomplish
the
goals
of
to
addressing
Finch,
and
various
explained
3553(a)
its
sentence,
factors.
specifically
Under
these
argument
adequately
because
presented
in
the
the
facts
and
materials
legal
before
contentions
this
court
are
and
AFFIRMED