United States v. Marcus McMillan
690 F. App'x 827
4th Cir.2017Background
- Marcus Neal McMillan pled guilty to failure to surrender for service of sentence in violation of 18 U.S.C. § 3146.
- The district court sentenced McMillan to 20 months' imprisonment within the applicable Sentencing Guidelines range.
- McMillan, through counsel, filed an Anders brief asserting no meritorious issues but questioned whether the court erred by denying a downward variance.
- McMillan filed a pro se supplemental brief also challenging his sentence; the Government did not file a response.
- The Fourth Circuit reviewed the sentence for reasonableness under the abuse-of-discretion standard, considering procedural and substantive reasonableness.
- The appellate court affirmed, finding the Guidelines calculation, consideration of § 3553(a) factors, and the district court's explanation adequate; McMillan failed to rebut the presumption of reasonableness for a within-Guidelines sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the district court unreasonably denied a downward variance from the Guidelines | McMillan argued the sentence was unreasonable and a downward variance was warranted | Government argued the within-Guidelines sentence was appropriate given offense seriousness and defendant's history | Court held the denial was reasonable; sentence affirmed |
| Whether counsel properly raised issues and whether any appealable issues exist under Anders | McMillan (pro se) challenged sentence; counsel filed Anders brief questioning only variance denial | Government declined to respond; argued no reversible error | Court conducted full review per Anders, found no meritorious issues, and affirmed |
Key Cases Cited
- Gall v. United States, 552 U.S. 38 (2007) (standard for reviewing sentencing reasonableness)
- Anders v. California, 386 U.S. 738 (1967) (procedures when counsel finds appeal frivolous)
- United States v. Lynn, 592 F.3d 572 (4th Cir. 2010) (procedural-reasonableness review guidance)
- United States v. Louthian, 756 F.3d 295 (4th Cir. 2014) (presumption of substantive reasonableness for within-Guidelines sentences)