United States of America v. Deion Pressey

*The Honorable Paul R. Michel, Chief Judge, United States Court of Appeals for
the Federal Circuit, sitting by designation.
NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
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No. 07-4779
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UNITED STATES OF AMERICA
v.
DEION PRESSEY,
Appellant
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On Appeal from the United States District Court
for the District of Delaware
(D.C. Criminal No. 07-cr-00044)
District Judge: The Honorable Joseph J. Farnan, Jr.
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Submitted Under Third Circuit LAR 34.1(a)
October 27, 2008
Before: McKEE, NYGAARD, and MICHEL, Circuit Judges.*
(Filed : November 6, 2008)
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OPINION OF THE COURT
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NYGAARD, Circuit Judge.
Appellant, Deion Pressey, pleaded guilty to conspiracy to distribute, and to possess
with intent to distribute, heroin. Appellant argued before the District Court that it should
sentence him below the Guideline range. The District Court declined and imposed a
sentence of 46 months’ imprisonment, a sentence which was at the bottom of the
Guideline range.
The Appellant raises only one issue on appeal, namely that the District Court failed
to adequately consider and evaluate the statutory sentencing factors, other than the
sentencing guidelines, and that this failure resulted in a sentence greater than necessary to
accomplish the statutory sentencing scheme. We review a sentence for reasonableness,
applying an abuse of discretion standard. Gall v. United States, 552 U.S. –, 138 S.Ct.
586, 594 (2007). Appellant bears the burden of showing unreasonableness. United States
v. Cooper, 437 F.3d 324, 332 (3d Cir. 2006).
We have examined the record and the colloquy on appeal, and have concluded that
Appellant has not borne his burden of showing unreasonableness. Hence, we conclude
that the Appellant’s contention is without merit and we will affirm.
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