UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 09-4324

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

LARRY B. STYWALL,

Defendant - Appellant.

Appeal from the United States District Court for the Western 

District of North Carolina, at Asheville. Lacy H. Thornburg, 

District Judge. (1:07-cr-00114-LHT-1)

Submitted: March 11, 2010 Decided: April 12, 2010

Before MICHAEL, KING, and SHEDD, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Charles R. Brewer, Asheville, North Carolina, for Appellant. 

Amy Elizabeth Ray, Assistant United States Attorney, Asheville, 

North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:

Larry B. Stywall appeals his conviction and sentence 

imposed after he pled guilty without the benefit of a plea 

agreement to being a felon in possession of a firearm, in 

violation of 18 U.S.C. § 922(g)(1) (2006). Stywall’s counsel 

has filed a brief pursuant to Anders v. California, 386 U.S. 738 

(1967), asserting there were no meritorious arguments for 

appeal. Stywall was notified of the opportunity to file a pro 

se supplemental brief, but did not do so. The Government chose 

not to file a brief.

We have reviewed the record and find no meritorious 

issues. A review of the guilty plea hearing shows that the 

magistrate judge complied with Rule 11 of the Federal Rules of 

Criminal Procedure and that Stywall’s guilty plea was knowing 

and voluntary. Counsel’s objection concerning double-counting 

in determining the base offense level was without merit. See

United States v. Wheeler, 330 F.3d 407, 413-14 (6th Cir. 2003); 

United States v. Alessandroni, 982 F.2d 419, 420-21 (10th Cir. 

1992). We have reviewed Stywall’s within-Guidelines sentence 

for abuse of discretion and have found it to be reasonable. 

Gall v. United States, 552 U.S. 38, 51 (2007). In reviewing a 

sentence, the appellate court must first ensure that the 

district court committed no procedural error, such as failing to 

calculate or improperly calculating the Guidelines range, 
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treating the Guidelines as mandatory, failing to consider the 

§ 3553(a) factors, selecting a sentence based on clearly 

erroneous facts, or failing to adequately explain the chosen 

sentence - including an explanation for any deviation from the 

Guidelines range. Gall, 552 U.S. at 49-50. If there are no 

procedural errors, the appellate court then considers the 

substantive reasonableness of the sentence. Id. A substantive 

reasonableness review entails taking into account the totality 

of the circumstances. United States v. Pauley, 511 F.3d 468, 

473 (4th Cir. 2007) (quotations and citation omitted). Further, 

this court may presume a sentence within the Guidelines range to 

be reasonable. Id. We have found no error with the court’s 

findings regarding Stywall’s total offense level or criminal 

history category. We further note the court was aware the 

Guidelines were advisory and that it considered the sentencing 

factors under 18 U.S.C. § 3553(a) (2006). We further find the 

court’s sentence at the low end of the advisory Guidelines range 

was consistent with defense counsel’s argument at the close of 

sentencing. 

In accordance with Anders, we have reviewed the entire 

record in this case and have found no meritorious issues for 

appeal. Accordingly, we affirm the judgment of the district 

court. This court requires that counsel inform his client, in 

writing, of his right to petition the Supreme Court of the 
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United States for further review. If the client requests that a 

petition be filed, but counsel believes that such a petition 

would be frivolous, then counsel may move this court for leave 

to withdraw from representation. Counsel’s motion must state 

that a copy thereof was served on the client. We dispense with 

oral argument because the facts and legal contentions are 

adequately presented in the materials before the court and 

argument would not aid the decisional process.

AFFIRMED