United States of America v. David Weaver

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 07-4208
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
DAVID WEAVER,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh. Terrence W. Boyle,
District Judge. (5:02-cr-00102-BO)
Submitted: July 25, 2007 Decided: August 15, 2007
Before MICHAEL and KING, Circuit Judges, and WILKINS, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Thomas P. McNamara, Federal Public Defender, G. Alan DuBois,
Assistant Federal Public Defender, Raleigh, North Carolina, for
Appellant. George E. B. Holding, United States Attorney, Jennifer
P. May-Parker, Anne M. Hayes, Assistant United States Attorneys,
Raleigh, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
David Weaver appeals the district court’s order revoking
his supervised release and sentencing him to sixty months’
imprisonment. We affirm.
We note that while the sentence Weaver received is above
the advisory sentencing guideline range of eighteen to twenty-four
months, see U.S. Sentencing Guidelines Manual § 7B1.4(a) (2006), it
is within the applicable statutory maximum sentence. Moreover, our
review of the record leads us to conclude that the district court
sufficiently considered the statutory factors and explained its
reasons for imposing a sentence above the advisory guideline range.
We therefore find that the sentence imposed upon revocation of
supervised release is not plainly unreasonable. See United States
v. Crudup, 461 F.3d 433, 437, 439-40 (4th Cir. 2006), cert. denied,
127 S. Ct. 1813 (2007). We further grant the Government’s motion
to strike Weaver’s reply brief. We dispense with oral argument
because the facts and legal contentions are adequately presented in
the materials before the court and argument would not aid the
decisional process.
AFFIRMED

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