United States v. Wayne Lewis
664 F. App'x 287
| 4th Cir. | 2016Background
- Wayne L. Lewis pleaded guilty in 2005 to possession with intent to distribute cocaine base (21 U.S.C. § 841) and possession of a firearm in furtherance of a drug trafficking crime (18 U.S.C. § 924(c)); sentenced to 120 months and 4 years supervised release.
- While on supervised release he was later convicted in state court of heroin possession and pled guilty in federal court to aiding and abetting a Hobbs Act robbery, receiving 71 months and 3 years supervised release for the robbery.
- A revocation petition alleged violations of Lewis’s supervised release; Lewis admitted the violations (one involving heroin possession and one involving robbery-related conduct).
- The district court revoked supervised release and imposed a 6-month prison term to be served consecutively to the 71-month Hobbs Act robbery sentence.
- Appellate counsel filed an Anders brief asserting no meritorious issues but questioned whether the consecutive 6‑month revocation sentence was plainly unreasonable; Lewis did not file a pro se brief.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the 6‑month revocation sentence running consecutively is plainly unreasonable | Lewis: consecutive term is plainly unreasonable; parties had agreed concurrent sentence was warranted and he already faces 71 months for robbery | Government/District Court: consecutive term is permissible under policy (USSG §7B1.3(f)) and revocation punishment is separate from underlying crime punishment | Court: Affirmed — sentence not plainly unreasonable; district court properly considered policy and §3553(a) factors and gave adequate explanation |
| Whether counsel may be allowed to withdraw under Anders after finding no meritorious appeal issues | Lewis (via counsel): no meritorious issues; move to withdraw | Government: did not file brief | Court: Denied counsel’s motion to withdraw but affirmed judgment; directed counsel to notify Lewis of Supreme Court petition right and procedures for seeking leave to withdraw if he requests certiorari |
Key Cases Cited
- United States v. Webb, 738 F.3d 638 (4th Cir.) (district court has broad discretion on supervised release revocation sentences)
- United States v. Padgett, 788 F.3d 370 (4th Cir.) (revocation sentence within statutory maximum and not plainly unreasonable is affirmed)
- United States v. Crudup, 461 F.3d 433 (4th Cir.) (standards for procedural and substantive reasonableness on revocation)
- United States v. Thompson, 595 F.3d 544 (4th Cir.) (district court need not provide as detailed an explanation for revocation sentence as for an original sentence)
- United States v. Moulden, 478 F.3d 652 (4th Cir.) (discussion of consecutive sentences on supervised release revocation)
- Anders v. California, 386 U.S. 738 (1967) (standards for appointed counsel filing a brief asserting no nonfrivolous issues)