UN PUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 23
- 4407

UNITED STATES OF AMERICA , Plaintiff

- Appellee ,

v. ZURIEL GUZMAN , Defendant

- Appellant

.

Appeal from the United States District Court for the Middle District of North Carolina , at Greensboro

. Catherine C. Eagles, Chief District Judge. ( 1:22

- cr - 00375

- CCE

- 2 )

Submitted : February 22, 2024 Decided: February 27, 2024

Before NIEMEYER and HEYTENS , Circuit Judges , and KEENAN, Senior Circuit Judge

.
Affirmed by un published per curiam opinion

.

ON BRIEF : Brian Michael Au s , BRIAN AUS, ATTORNEY AT LAW, Durham, North Carolina, for Appellant. Kyle David Pousson, Assistant United States Attorney, Margaret McCall Reece, Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY , Greensboro, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 23-4407 Doc: 31 Filed: 02/27/2024 Pg: 1 of 32 PER CURIAM: Zuriel Guzman pled guilty, pursuant to a written plea agreement, to conspiracy to distribute methamphetamine, in violation of 21 U.S.C. §§ 841(b)(1)(A), 846, and distribution of methamphetamine, in violation of 21 U.S.C. § 841(a)(1), (b)(1)(A). The district court sentenced Guzman to 144 months’ imprisonment. On appeal, counsel has filed a brief pursuant to Anders v. California , 386 U.S. 738 (1967), stating that there are no meritorious grounds for appeal but questioning whether Guzman’s sentence is reaso nable. Although informed of his right to do so, Guzman has not filed a pro se supplemental brief, and the Government has elected not to file a brief. We affirm. We review “all sentences

— whether inside, just outside, or significantly outside the [Sentencing] Guidelines range

— under a deferential abuse

- of

- discretion standard.” United
States v. Torres

- Reyes , 952 F.3d 147, 151 (4th Cir. 2020) (internal quotation marks omitted). In conducting this review, we must first ensure that the sentence is procedurally reasonable, “consider[ing] whether the district court properly calculated the defendant’s advisory [G ]uidelines range, gave the parties an opportunity to argue fo r an appropriate sentence, considered the 18 U.S.C. § 3553(a) factors, and sufficiently explained the selected sentence.” Id. (internal quotation marks omitted). If the sentence is free of “significant procedural error,” we then review it for substantive reasonableness, “tak[ing] into account the totality of the circumstances , including the extent of any variance from the Guidelines range. ” Gall v. United States , 552 U.S. 38, 51 (2007). A sentence must be “sufficient, but not greater than necessary,” to satisfy the statutory purposes of sentencing. 18 U.S.C. § 3553(a). “Any sentence that is within or below a properly calculated USCA4 Appeal: 23-4407 Doc: 31 Filed: 02/27/2024 Pg: 2 of 33 Guidelines range is presumptively [substantively] reasonable.” United States v. Louthian , 756 F.3d 295, 306 (4th Cir. 2014). Here, the district court correctly calculated Guzman’s advisory Guidelines range, heard argument from counsel, provided Guzman an opportunity to allocute, considered the § 3553(a) sentencing factors, and explained its reasons for imposing the chosen senten ce. Because Guzman has not demonstrated that his term of imprisonment “is unreasonable when measured against the .

. . § 3553(a) factors,” he has failed to rebut the presumption of reasonableness accorded his below

- Guidelines sentence. Id . We therefore conclude that Guzman’s sentence is both procedurally and substantively reasonable. In accordance with Anders , we have reviewed the entire record in this case and have found no meritorious grounds for appeal. We therefore affirm the district court’s judgment. This court requires that counsel inform Guzman, in writing, of the right to petition the Supreme Court o f the United States for further review. If Guzman 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. Cou nsel’s motion must state that a copy thereof was served on Guzman. 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 USCA4 Appeal: 23-4407 Doc: 31 Filed: 02/27/2024 Pg: 3 of 3