No. 12-4759
Appeal from the United States District Court for the Eastern
District of North Carolina, at Wilmington.
Malcolm J. Howard,
Senior District Judge. (7:12-cr-00010-H-1)
Submitted:
Decided:
PER CURIAM:
Carl E. McPhaul appeals the district courts judgment
imposing
262-month
career
offender
sentence
following
his
cocaine
and
quantity
of
marijuana,
in
violation
of
21
of
drug
trafficking
crime,
in
violation
of
18
arguments
for
below-Guidelines
sentence
of
the
McPhaul
district
preserved
courts
his
We affirm.
challenge
explanation,
and
we
to
the
review
for
578-79
(4th
district
court
sentence,
it
Cir.
imposes
must
2010).
an
place
Regardless
above,
on
below,
the
or
record
of
whether
the
within-Guidelines
an
individualized
States
(internal
v.
Carter,
quotation
marks
564
F.3d
325,
omitted).
330
(4th
However,
Cir.
it
is
2009)
not
343
(4th
Cir.
2013)
(internal
quotation
marks
omitted).
3553(a)s
every
subsection;
it
only
must
provide
some
with
respect
to
the
defendant
before
it
and
also
Here,
262-month
sentence.
Although
the
district
court
262-month
sentence,
the
court
stated
that
51)
and
declined
to
vary
from
the
Guidelines
range,
conviction
year
for
seventeen
years.
We
conclude
that,
In
imposing
the
262-month
sentence,
the
We
district
and
reliable
(J.A.
60),
that
it
calculated
the
3553(a)
factors
extensive
criminal
as
well.
history
The
and
court
status
mentioned
as
McPhauls
career
offender
U.S.C.
3553(a)(1).
The
court
also
stated
that
See
it
See id.
of
his
incarceration.
3553(a)(2)(D).
While
the
(J.A.
district
62);
court
see
did
18
not
U.S.C.
cite
to
652, 658 (4th Cir. 2007) (stating that reasons articulated for
4
the
particular
district
considered
the
nonfrivolous
court
arguments
Accordingly,
with
contentions
are
provided
3553(a)
procedurally reasonable.
dispense
situation).
oral
We
some
factors
and
indication
and
that
therefore
defense
McPhauls
conclude
that
it
counsels
sentence
is
we
affirm
argument
adequately
the
criminal
because
presented
in
the
the
judgment.
facts
We
and
legal
materials
before
this court and argument would not aid the decisional process.
AFFIRMED