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U.S. v. LYMAS

Nos. 13-4635, 13-4636, 13-4650.

781 F.3d 106 (2015)

UNITED STATES of America, Plaintiff-Appellee, v. Xavier Deshawn LYMAS, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Lionel Bernard Newman, a/k/a Mooky, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Jessie Gomez, a/k/a Jesus, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: March 18, 2015.

Attorney(s) appearing for the Case

ARGUED: Terry F. Rose , Smithfield, North Carolina; G. Alan DuBois , Office of the Federal Public Defender, Raleigh, North Carolina, for Appellants. Shailika S. Kotiya , Office of the United States Attorney, Raleigh, North Carolina, for Appellee. ON BRIEF: Thomas P. McNamara , Federal Public Defender, Office of the Federal Public Defender, Raleigh, North Carolina, for Appellant Lymas. Brett Wentz , Wentz Law, PLLC, Wilmington, North Carolina, for Appellant Gomez. Thomas G. Walker , United States Attorney, Jennifer P. May-Parker , Assistant United States Attorney, Office of the United States Attorney, Raleigh, North Carolina, for Appellee.

Vacated and remanded by published opinion. Chief Judge TRAXLER wrote the opinion, in which Judge WYNN and Judge HARRIS joined.

Appellants Xavier D. Lymas, Lionel B. Newman and Jessie Gomez challenge both the procedural and substantive reasonableness of their sentences. We conclude that the district court committed procedural error by failing to explain its rejection of the Guidelines sentences or to offer an individualized

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