United States v. Jarell Walker
694 F. App'x 197
| 4th Cir. | 2017Background
- Jarell Montez Walker pled guilty to being a felon in possession of a firearm under 18 U.S.C. § 922(g).
- Presentence Report (PSR) designated Walker as an Armed Career Criminal under the ACCA based on three North Carolina felony assault-with-a-deadly-weapon convictions.
- Walker did not object to the ACCA designation at sentencing; appellate review therefore proceeds under the plain-error standard.
- The district court calculated a Guidelines range reflecting the ACCA enhancement and sentenced Walker to 204 months’ imprisonment.
- Walker, through counsel (Anders brief) and pro se, challenged the ACCA designation and argued his sentence was unreasonable.
- The Fourth Circuit reviewed the record, applied plain-error and abuse-of-discretion standards, and affirmed.
Issues
| Issue | Walker's Argument | Government's Argument | Held |
|---|---|---|---|
| Whether the ACCA designation (three predicate convictions) was erroneous | The ACCA designation was improper (pro se challenge) | PSR and district court correctly treated the three convictions as ACCA predicates; no timely objection | No plain error; ACCA designation stands |
| Whether sentencing was procedurally reasonable | Court misweighed criminal history and sentencing factors | District court properly calculated Guidelines, allowed argument, and explained sentence | Procedurally reasonable |
| Whether sentence was substantively reasonable | 204 months was excessive given circumstances | Within-Guidelines sentence presumptively reasonable; court considered §3553(a) factors | Substantively reasonable; presumption not rebutted |
| Whether counsel must notify Walker of certiorari rights and may seek to withdraw if frivolous | N/A (procedural request under Anders) | Counsel must inform Walker of right to petition Supreme Court; may move to withdraw if petition frivolous and served on Walker | Court ordered counsel to notify Walker and follow withdrawal procedure if appropriate |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (1967) (procedure when counsel finds appeal frivolous)
- United States v. Price, 777 F.3d 700 (4th Cir. 2015) (plain-error standard for sentencing issues)
- United States v. Ramirez–Castillo, 748 F.3d 205 (4th Cir. 2014) (definition of "plain" error)
- Gall v. United States, 552 U.S. 38 (2007) (procedural and substantive reasonableness review of sentences)
- United States v. Louthian, 756 F.3d 295 (4th Cir. 2014) (presumption of reasonableness for within-Guidelines sentences)