Documente Academic
Documente Profesional
Documente Cultură
No. 09-4953
Appeal from the United States District Court for the District of
South Carolina, at Spartanburg. Henry F. Floyd, District Judge.
(7:09-cr-00428-HFF-1)
Submitted:
March 8, 2010
Decided:
PER CURIAM:
April
counts
of
Nicole
falsely
Huckabee
Garrett
representing
social
pled
guilty
security
to
two
number,
in
On
review
of
the
record
revealed
another
failing
reviewed
to
the
ascertain
at
presentence
sentencing
report
whether
(PSR)
with
Garrett
her
had
attorney.
Garrett was advised of her right to file a pro se brief, but has
not
done
so.
The
Government
also
has
not
filed
brief.
the
it
defendant
with
has
[her]
read
counsel,
the
presentence
provided
there
report
is
and
.
that the defendant and [her] counsel have read and discussed the
report.
Where, as here, a
Thus, we must
Id.
be convinced that (1) an error was committed; (2) the error was
plain;
and
rights.
(3)
the
error
affected
[Garretts]
substantial
Id.
Here, the district court specifically asked Garrett if
she had the opportunity to go over the PSR and whether she had
any questions, but failed to ask whether counsel had reviewed a
copy
and
Moreover,
whether
Garrett
nothing
in
discussed
the
the
transcript
report
with
confirms
counsel.
that
Garrett
that
the
error
was
plain.
Nonetheless,
Garrett
is
not
The PSR
sentenced
resentencing
within
would
that
be
range.
fruitless
3
Therefore,
exercise.
remand
for
Lockhart,
reasonableness
of
Garretts
sentence.
Procedural
Guidelines
range,
treating
the
Guidelines
as
mandatory,
sentence
based
on
clearly
erroneous
facts,
or
failing
to
any
deviation
from
the
Guidelines
range.
was
properly
calculated,
and
See
Gall
v.
the
court
treated
the
The court
the
district
sentencing
Garrett.
court
did
not
Moreover,
commit
the
procedural
sentence
was
error
within
in
the
that
the
sentence
is
substantively
reasonable.
United States v. Allen, 491 F.3d 178, 193 (4th Cir. 2007).
conclude that Garrett has failed to rebut that presumption.
See
We
before
the
court
and
argument
would
not
aid
the
decisional process.
AFFIRMED