Professional Documents
Culture Documents
No. 12-4412
Appeal from the United States District Court for the Middle
District of North Carolina, at Greensboro. Thomas D. Schroeder,
District Judge. (1:11-cr-00389-TDS-1)
Submitted:
Decided:
PER CURIAM:
Sidney
following
Arnaz
guilty
Baker
plea
appeals
to
theft
his
of
eight-month
Government
sentence
funds,
in
sentencing
3553(a)(6).
pursuant
to
18
U.S.C.
Baker
arguments
disparities
from
preserved
3553
ultimately imposed.
(4th Cir. 2010).
his
claim
sentence
for
of
error
[b]y
different
than
drawing
the
one
Id. at 581.
3553(a)
factors,
selecting
sentence
based
on
clearly
Gall
of
v.
United
whether
the
below,
or
within-Guidelines
record
an
individualized
States,
district
U.S.
court
sentence,
assessment
552
it
based
38,
imposes
must
on
51
an
place
the
(2007).
above,
on
the
particular
Where
the
defendant
or
prosecutor
presents
arguments.
Id.
citation omitted).
at
328
(internal
quotation
marks
and
sentence need not be lengthy, but the court must offer some
individualized assessment justifying the sentence imposed and
rejection of arguments for a higher or lower sentence based on
3553.
court
need
not
explicitly
discuss
every
3553(a)
conclude
procedurally
err
that
in
the
failing
district
court
address
Bakers
to
did
not
argument
similar
conduct.
sentence
defendants
records
who
have
been
found
guilty
of
similar
probation,
convicted
Baker
under
18
cited
examples
U.S.C.
641
who
of
two
had
other
received
sentences of probation.
district
court
did
not
procedurally
err
in
court
placed
an
individualized
assessment
on
the
record
loss
attributable
to
Baker,
as
well
as
Bakers
motion
to
We
dispense
with
oral
we
deny
argument
as
moot
because
the
Bakers
facts
and
legal