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    United States v. Tyrone Tossie, 4th Cir. (2011)

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    1) Tyrone Tossie appealed the 12-month prison sentence imposed for violating the terms of his supervised release, arguing that the district court failed to explain its reasoning for the sentence. 2) The appeals court agreed that the district court committed plain error by not providing any explanation for the sentence, as is required. 3) The case was vacated and remanded back to the district court for resentencing, with instructions to explain the reasoning for the sentence and calculate the applicable guidelines range.

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    United States v. Tyrone Tossie, 4th Cir. (2011)

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    1) Tyrone Tossie appealed the 12-month prison sentence imposed for violating the terms of his supervised release, arguing that the district court failed to explain its reasoning for the sentence. 2) The appeals court agreed that the district court committed plain error by not providing any explanation for the sentence, as is required. 3) The case was vacated and remanded back to the district court for resentencing, with instructions to explain the reasoning for the sentence and calculate the applicable guidelines range.

    Original Description:

    Filed: 2011-08-12 Precedential Status: Non-Precedential Docket: 10-5331

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    1) Tyrone Tossie appealed the 12-month prison sentence imposed for violating the terms of his supervised release, arguing that the district court failed to explain its reasoning for the sentence. 2) The appeals court agreed that the district court committed plain error by not providing any explanation for the sentence, as is required. 3) The case was vacated and remanded back to the district court for resentencing, with instructions to explain the reasoning for the sentence and calculate the applicable guidelines range.

    Copyright:

    Public Domain
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    72 views3 pages

    United States v. Tyrone Tossie, 4th Cir. (2011)

    Uploaded by

    Scribd Government Docs
    1) Tyrone Tossie appealed the 12-month prison sentence imposed for violating the terms of his supervised release, arguing that the district court failed to explain its reasoning for the sentence. 2) The appeals court agreed that the district court committed plain error by not providing any explanation for the sentence, as is required. 3) The case was vacated and remanded back to the district court for resentencing, with instructions to explain the reasoning for the sentence and calculate the applicable guidelines range.

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 10-5331

    UNITED STATES OF AMERICA,


    Plaintiff - Appellee,
    v.
    TYRONE TOSSIE, a/k/a Popeye,
    Defendant - Appellant.

    Appeal from the United States District Court for the Eastern
    District of North Carolina, at Raleigh.
    Terrence W. Boyle,
    District Judge. (5:95-cr-00039-BO-9)

    Submitted:

    July 29, 2011

    Decided:

    August 12, 2011

    Before MOTZ, KING, and DAVIS, Circuit Judges.

    Vacated and remanded by unpublished per curiam opinion.

    Thomas P. McNamara, Federal Public Defender, Stephen C. Gordon,


    Assistant Federal Public Defender, Raleigh, North Carolina, for
    Appellant.
    George E. B. Holding, United States Attorney,
    Jennifer P. May-Parker, Kristine L. Fritz, Assistant United
    States Attorneys, Raleigh, North Carolina, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Tyrone

    Tossie

    appeals

    the

    district

    courts

    order

    revoking his supervised release and imposing a twelve-month term


    of

    imprisonment.

    He

    argues

    that

    the

    district

    court

    plainly

    erred in failing to explain its sentence.

    For the reasons that

    follow,

    remand

    we

    vacate

    the

    sentence

    and

    for

    further

    proceedings.
    This court reviews a sentence imposed upon revocation
    of a defendants supervised release to determine whether the
    sentence is plainly unreasonable.

    United States v. Crudup,

    461 F.3d 433, 437 (4th Cir. 2006).

    In determining whether a

    revocation sentence is plainly unreasonable, this Court must


    first

    determine

    whether

    the

    substantively unreasonable.

    sentence

    Id. at 438.

    is

    procedurally

    or

    Although a sentencing

    court must consider the Chapter Seven policy statements and the
    relevant 18 U.S.C. 3553(a) (2006) factors in fashioning its
    sentence,

    the

    sentencing

    court

    retains

    broad

    discretion

    to

    revoke a defendants supervised release and impose a term of


    imprisonment up to the statutory maximum.

    Id. at 439.

    Because

    Tossie did not request a lesser sentence, he must show that any
    error was plain and affected his substantial rights.

    United

    States v. Lynn, 592 F.3d 572, 578-79 (4th Cir. 2010).


    Although
    such

    that

    this

    the
    court

    discretion
    may

    be
    2

    afforded

    district

    hard-pressed

    to

    courts
    find

    is
    any

    explanation for within-range, revocation sentences insufficient


    . . . a district court may not simply impose sentence without
    giving any indication of its reasons for doing so.

    United

    States v. Thompson, 595 F.3d 544, 547 (4th Cir. 2010).

    Here,

    the district court failed to offer any explanation at all for


    imposing

    twelve-month

    constitutes

    plain

    sentence.

    error.

    We

    have

    Thompson,

    595

    held

    that

    this

    at

    548.

    F.3d

    Additionally, the record does not include any calculation of the


    applicable advisory Guidelines range, which prevents our review
    of

    whether

    the

    Accordingly,

    error

    we

    vacate

    affected

    Tossies

    Tossies

    substantial

    sentence

    and

    rights.

    remand

    for

    resentencing in accordance with this opinion.

    We dispense with

    oral

    contentions

    argument

    adequately

    because

    presented

    in

    the
    the

    facts

    and

    materials

    legal
    before

    the

    court

    are
    and

    argument would not aid the decisional process.

    VACATED AND REMANDED

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