United States v. Eduardo Pacheco, 4th Cir. (2013)
United States v. Eduardo Pacheco, 4th Cir. (2013)
United States v. Eduardo Pacheco, 4th Cir. (2013)
No. 12-4903
Appeal from the United States District Court for the Western
District of North Carolina, at Statesville.
Richard L.
Voorhees, District Judge. (5:11-cr-00071-RLV-DCK-1)
Submitted:
Decided:
June 4, 2013
D.
Baker
McIntyre,
III,
Charlotte,
North
Carolina,
for
Appellant. Amy Elizabeth Ray, Assistant United States Attorney,
Asheville, North Carolina, for Appellee.
PER CURIAM:
Eduardo
Rico
Pacheco
pleaded
guilty
pursuant
to
calculated
Pachecos
Guidelines
range
The district
under
the
U.S.
departure
was
in
the
presentence
to
depart,
the
court
investigation
sentenced
Pacheco
to
thirty
months imprisonment.
On
appeal,
counsel
has
filed
brief
pursuant
to
no
district
meritorious
courts
issues
compliance
for
appeal,
with
but
Federal
questioning
Rule
the
of
Criminal
Pacheco
2002).
To
prevail
under
this
standard,
Pacheco
must
ensuring
that
Pachecos
plea
was
knowing
and
review
Pachecos
abuse-of-discretion standard.
38, 51 (2007).
sentence
under
deferential
Id.;
United States v. Lynn, 592 F.3d 572, 575 (4th Cir. 2010).
After
Guidelines
range,
we
must
decide
whether
the
court
Once we have
the
substantive
reasonableness
of
the
sentence,
tak[ing]
into
account
the
totality
of
the
circumstances.
conclude
that
the
district
court
committed
Federal Rule of
notice
of
an
intent
to
depart
on
ground
not
Fed.
was
and
affected
his
substantial
rights.
the
parties
an
opportunity
to
comment
by
failing
was
without
also
plain
providing
because
notice
increased
Guidelines
sentence,
range,
to
the
the
decision
parties
to
depart
violated
the
to
The
upward
clear
Pachecos
double
the
substantial
upper
rights
limit
were
of
the
affected.
United States v. Spring, 305 F.3d 276, 282-83 (4th Cir. 2002).
4
remand
for
resentencing
to
allow
the
district
court
to
of
right
to
petition
the
Supreme
Court
of
the
We dispense
with oral argument because the facts and legal contentions are
adequately
presented
in
the
materials
before
this
court
and
AFFIRMED IN PART,
VACATED IN PART,
AND REMANDED
the
the