United States v. Kai-Ree Mack
696 F. App'x 657
4th Cir.2017Background
- Kai-Ree Kendrell Dwayne Mack pled guilty to possession of a firearm by a convicted felon, in violation of 18 U.S.C. § 922(g)(1).
- The district court correctly calculated the Sentencing Guidelines range and sentenced Mack to 46 months’ imprisonment at the high end of that range.
- The court emphasized Mack’s dangerousness and the seriousness of the offense under 18 U.S.C. § 3553(a) factors.
- Mack’s court-appointed counsel filed an Anders brief asserting no meritorious appeal issues but questioning sentence reasonableness.
- Mack filed a pro se supplemental brief raising ineffective-assistance claims and challenging certain sentencing comments; the government did not respond.
- The Fourth Circuit reviewed for procedural and substantive reasonableness and declined to reach ineffective-assistance claims on direct appeal, affirming the conviction and sentence.
Issues
| Issue | Plaintiff's Argument (Mack) | Defendant's Argument (Government) | Held |
|---|---|---|---|
| Procedural reasonableness of sentence | Sentence was excessive and court comments were improper | Court correctly calculated Guidelines and considered §3553(a) factors | Affirmed: no significant procedural error; sentence procedurally reasonable |
| Substantive reasonableness of sentence | High-end Guidelines sentence was greater than necessary | Within-Guidelines sentence presumptively reasonable and supported by circumstances | Affirmed: presumption not rebutted; sentence substantively reasonable |
| Ineffective assistance of counsel | Counsel provided ineffective assistance (raised pro se) | No conclusive evidence on the record of ineffective assistance; such claims belong in §2255 | Dismissed on direct appeal; claim should be raised under §2255 |
| Challenge to sentencing court's factual comments | Court’s speculation about possible misuse of the firearm was improper | Guilty plea admits factual allegations and waives non-jurisdictional defects | Comments do not affect conviction; plea waived factual challenge |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (1967) (requires counsel to file brief identifying any non-frivolous issues when seeking to withdraw on appeal)
- Gall v. United States, 552 U.S. 38 (2007) (sets procedural and substantive reasonableness standards for appellate review of sentences)
- United States v. Louthian, 756 F.3d 295 (4th Cir. 2014) (presumption of reasonableness for within-Guidelines sentences)
- United States v. Benton, 523 F.3d 424 (4th Cir. 2008) (ineffective assistance claims generally not decided on direct appeal absent conclusive record evidence)
- United States v. Baptiste, 596 F.3d 214 (4th Cir. 2010) (ineffective-assistance claims should ordinarily be raised in §2255 proceedings)
- United States v. Gosselin World Wide Moving, N.V., 411 F.3d 502 (4th Cir. 2005) (guilty plea admits factual allegations and waives non-jurisdictional defects)