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U.S. v. GIBBS

No. 17-4037.

897 F.3d 199 (2018)

UNITED STATES of America, Plaintiff-Appellee, v. Erick Jemonta GIBBS, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: July 16, 2018.

Attorney(s) appearing for the Case

ARGUED: Sonya Maria Allen , OFFICE OF THE FEDERAL PUBLIC DEFENDER, Raleigh, North Carolina, for Appellant.

Donald Russell Pender , OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee.

ON BRIEF: Louis C. Allen , Acting Federal Public Defender, Stephen C. Gordon , Assistant Federal Public Defender, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Raleigh, North Carolina, for Appellant.

John Stuart Bruce , United States Attorney, Jennifer P. May-Parker , First Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee.

Affirmed by published opinion. Judge Niemeyer wrote the majority opinion, in which Judge Agee joined. Chief Judge Gregory wrote a dissenting opinion.

After Erick Gibbs admitted to four violations of the conditions of his supervised release, the district court, upon giving its explanation for doing so, imposed the Guidelines-recommended sentence of 24-months' imprisonment. Gibbs contends that the sentence was plainly procedurally unreasonable because the district court...

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