U.S. v. LYNN

Nos. 08-5125, 08-5126, 08-5132, 09-4341.

592 F.3d 572 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Mark LYNN, a/k/a Mark Aaron Lynn, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Tavarras Rhodes, a/k/a Tavarras Jerrell Rhodes, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Avery Jermaine Peake, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Jeremy Vashon Tucker, a/k/a Nicholas Wilson, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: January 28, 2010.


Attorney(s) appearing for the Case

(Nos.08-5125, 08-5126) ARGUED: Gregory Bruce English, English & Smith, Alexandria, Virginia, for Appellants. Richard Daniel Cooke, Office of the United States Attorney, Richmond, Virginia, for Appellee. ON BRIEF: Mark K. Tyndall, Richmond, Virginia, for Appellant Tavarras Rhodes. Dana J. Boente, Acting United States Attorney, Alexandria, Virginia, for Appellee. (No. 08-5132) ARGUED: David Wilson Plowden, Office of the Federal Public Defender, Greenville, South Carolina, for Appellant. William Jacob Watkins, Jr., Office of the United States Attorney, Greenville, South Carolina, for Appellee. ON BRIEF: W. Walter Wilkins, United States Attorney, Columbia, South Carolina, for Appellee. (No. 09-4341) ARGUED: Benjamin Thomas Stepp, Office of the Federal Public Defender, Greenville, South Carolina, for Appellant. William Jacob Watkins, Jr., Office of the United States Attorney, Greenville, South Carolina, for Appellee. ON BRIEF: W. Walter Wilkins, United States Attorney, Columbia, South Carolina; David C. Stephens, Assistant United States Attorney, Office of the United States Attorney, Greenville, South Carolina, for Appellee.

No. 08-5125 vacated and remanded by published opinion; No. 08-5126 affirmed by published opinion; No. 08-5132 affirmed by published opinion; No. 09-4341 vacated and remanded by published opinion. Judge MOTZ wrote the opinion, in which Judge MICHAEL and Judge GREGORY joined.


OPINION

DIANA GRIBBON MOTZ, Circuit Judge:

In each of these cases, an appellant contends that the sentencing court committed reversible procedural error by failing to consider the required sentencing factors and offer an adequate explanation for the sentence imposed. When a party lodges such an objection in the sentencing court, we review for abuse of discretion. We consolidated these cases on appeal to resolve what standard of appellate review applies when...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases