UNITED STATES v. FOURES (2019)

William Michael Foures appeals his 78-month sentence pursuant to his guilty plea to receipt of child pornography, in violation of 18 U.S.C. § 2252A(a)(2)(A), (b)(1) (2012). Foures’ counsel has filed a brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), stating that there are no meritorious issues for appeal, but questioning whether Foures’ sentence is substantively reasonable. Foures has been notified of his right to file a pro se brief, but he has not done so. We affirm.

We review Foures’ sentence for substantive reasonableness under a deferential abuse-of-discretion standard, considering “the totality of the circumstances, including the extent of any variance from the [Sentencing] Guidelines range.” Gall v. United States, 552 U.S. 38, 41, 51, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007). We presume that a sentence below a properly calculated Guidelines range is substantively reasonable, and a defendant can rebut this presumption only “by showing that the sentence is unreasonable when measured against the 18 U.S.C. § 3553(a) [ (2012) ] factors.” United States v. Louthian, 756 F.3d 295, 306 (4th Cir. 2014).

Having carefully reviewed the record, we find no error in the district court’s imposition of Foures’ sentence. The district court properly calculated the advisory Sentencing Guidelines range and granted a downward variance, primarily in light of Foures’ difficult background and mental health issues. Foures has not made the showing necessary to rebut the presumption of reasonableness we afford his below-Guidelines sentence.

In accordance with Anders, we have reviewed the entire record in this case and have found no meritorious issues for appeal. We therefore affirm the district court’s judgment. This court requires that counsel inform Foures, in writing, of the right to petition the Supreme Court of the United States for further review. If Foures requests that a petition be filed, but counsel believes that such a petition would be frivolous, then counsel may move in this court for leave to withdraw from representation. Counsel’s motion must state that a copy thereof was served on Foures.

We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.

AFFIRMED

PER CURIAM:

Affirmed by unpublished per curiam opinion. Unpublished opinions are not binding precedent in this circuit.