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United States v. Jermaine Leontae Carlyle
696 F. App'x 985
| 11th Cir. | 2017
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Docket

*1 Before MARTIN, ANDERSON, and EDMONDSON, Circuit Judges.

PER CURIAM:

Jermaine Carlyle appeals his 77-month sentence, imposed within the advisory guideline range, after pleading guilty to being a felon in possession of a firearm and ammunition, in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2).

Briefly stated, the appeal presents three issues:

1. Whether the district court abused its discretion by denying Carlyle’s

motion to continue his sentencing hearing until after the effective date of some amended Sentencing Guidelines;

2. Whether U.S.S.G. § 4B1.2(a)’s residual clause is unconstitutionally

vague so that the district court erred by using Carlyle’s prior convictions for “crimes of violence” to increase his base offense level; and 3. Whether the district court abused its discretion by improperly weighing

the § 3553(a) factors and imposing a substantively unreasonable sentence.

We see no reversible error.

First, because the district court had the inherent authority to manage its docket and Carlyle had no right to be sentenced under a future Sentencing Guidelines amendment, the district court did not abuse its discretion by denying Carlyle’s motion to continue sentencing until a date after the amendment’s effective date. Second, because Beckles v. United States , 137 S. Ct. 886 (2017), forecloses Carlyle’s argument that Johnson v. United States , 135 S. Ct. 2551 (2015), rendered U.S.S.G. § 4B1.2(a)’s residual clause unconstitutionally vague, *3 the district court did not err by increasing his base offense level due to prior “crimes of violence.” Third, because the district court addressed the § 3553(a) factors and Carlyle has not identified a specific error in the court’s reasoning; the district court did not abuse its discretion by imposing a substantively unreasonable sentence.

AFFIRMED.

Case Details

Case Name: United States v. Jermaine Leontae Carlyle
Court Name: Court of Appeals for the Eleventh Circuit
Date Published: Aug 24, 2017
Citation: 696 F. App'x 985
Docket Number: 16-12784 Non-Argument Calendar
Court Abbreviation: 11th Cir.
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