United States v. Moore

182 F. App'x 246

Opinion

PER CURIAM:

Earl Albert Moore pled guilty to armed bank robbery in violation of 18 U.S.C. § 2113(a), (d) (2000). He was sentenced to a term of 216 months imprisonment and ordered to make restitution of $21. Moore appeals his sentence, contending that his sentence is unreasonable because it is longer than necessary to comply with the factors set out in 18 U.S.C.A. § 3553(a) (West 2000 & Supp.2005). We conclude that the district court sentenced Moore only after appropriately considering the sentencing guidelines and the § 3553(a) factors, as instructed by United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005). The court sentenced Moore within the applicable guideline range and below the twenty-five year statutory maximum term. We cannot conclude that, under these circumstances, Moore’s sentence is unreasonable. See United States v. Green, 436 F.3d 449, 457 (4th Cir.2006) (finding that sentence imposed within properly calculated guideline range is presumptively reasonable), petition for cert. filed, April 17, 2006 (No. 05-10474).

We therefore affirm the sentence imposed by the district court. 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