Unpublished
Unpublished
Unpublished
No. 09-4912
SPEIGHT;
JANET
Movants.
Appeal from the United States District Court for the District of
Maryland, at Greenbelt.
Deborah K. Chasanow, Chief District
Judge. (8:08-cr-00289-DKC-4)
Submitted:
Decided:
PER CURIAM:
Cheryl Brooke pled guilty pursuant to a plea agreement
to one count of conspiracy to commit wire fraud, in violation of
18 U.S.C. 1349 (2006), and one count of bankruptcy fraud, in
violation
of
18
forty-six
months
accordance
with
U.S.C.
in
157
prison.
Anders
v.
(2006),
Counsel
California,
and
has
386
was
filed
U.S.
sentenced
a
738
brief
to
in
(1967),
plea
was
knowingly,
voluntarily,
and
intelligently
guilty plea.
also
affirm
presentence
Brookes
sentence.
investigation
We
report
hold
(PSR)
that
properly
the
5K1.1
Governments
(2006)
motion,
regarding
the
weight
3553(a)
(2006)
allocute,
and
3553(a)
factors
Sentencing
appropriately
that
should
factors,
thoroughly
heard
be
Brooke
considered
the
imposing
counsels
afforded
allowed
before
Guidelines
an
the
argument
18
U.S.C.
opportunity
Guidelines
Brookes
Manual
and
to
the
forty-six-month
sentence.
We
conclude
that
the
district
court
adequately
was
selected
pursuant
to
reasoned
process
in
accordance with law, and that the reasons relied upon by the
district court are plausible and justify the sentence imposed.
See United States v. Pauley, 511 F.3d 468, 473-76 (4th Cir.
2007);
see
also
United
States
4
v.
Carter,
564 F.3d
325,
330
(4th Cir. 2009) (recognizing that the district court must place
on
the
record
particular
an
facts
individualized
individualized
of
the
assessment
case
.
assessment
before
must
it
based
and
provide
on
the
that
the
rationale
therefore
affirm
the
deny
Brookes
district
motion
courts
for
amended
immediate
judgment. 2
release
This
and
court
the
Supreme
review.
If
Brooke
Court
of
requests
the
that
United
a
States
petition
be
for
further
filed,
but
may
move
representation.
in
this
court
for
leave
to
withdraw
from
before
the
court
and
argument
would
not
aid
the
decisional process.
AFFIRMED