United States v. Toboris Buie
713 F. App'x 188
| 4th Cir. | 2017Background
- Appellant Toboris Tanton Buie appealed revocation of supervised release and a 20-month prison term imposed by the district court.
- Counsel filed an Anders brief stating no meritorious issues but questioned whether the sentence was plainly unreasonable; the Government did not file a brief.
- Buie filed a pro se supplemental brief raising two issues (not found meritorious by the court).
- The district court relied on Buie’s continued pattern of criminal conduct and the need for deterrence and public protection when imposing the 20-month sentence and terminating supervision.
- Fourth Circuit reviewed for plain unreasonableness under the standard for supervised release revocation sentences and affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the 20‑month revocation sentence was plainly unreasonable | Buie argued the sentence was excessive/unreasonable | Government declined to brief; district court argued sentence fit given conduct and §3553(a) factors | Affirmed — sentence not plainly unreasonable; court gave permissible reasons (deterrence, protection) |
| Whether district court failed to follow required sentencing considerations for revocation | Buie suggested procedural errors in weighing relevant factors | District court considered Chapter 7 policy statements and applicable §3553(a) factors | Rejected — court adequately considered advisory Guidelines and §3553(a) factors |
Key Cases Cited
- United States v. Crudup, 461 F.3d 433 (4th Cir. 2006) (standard for review of supervised release revocation sentences and plain‑unreasonableness framework)
- Anders v. California, 386 U.S. 738 (1967) (procedure for counsel to withdraw when appeal lacks merit)
