UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 19-4724

UNITED STATES OF AMERICA,

 Plaintiff - Appellee,

v.

BRONSON JERMAINE GAINEY,

 Defendant - Appellant.

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

Greensboro. William L. Osteen, Jr., District Judge. (1:10-cr-00336-WO-1)

Submitted: March 30, 2020 Decided: April 21, 2020

Before GREGORY, Chief Judge, RICHARDSON, Circuit Judge, and SHEDD, Senior 

Circuit Judge.

Affirmed by unpublished per curiam opinion.

Louis C. Allen, Greensboro, North Carolina, Federal Public Defender, Ames Chamberlin, 

Assistant Federal Public Defender, OFFICE OF THE FEDERAL PUBLIC DEFENDER, 

Winston-Salem, North Carolina, for Appellant. Matthew G.T. Martin, United States 

Attorney, Michael F. Joseph, Assistant United States Attorney, OFFICE OF THE UNITED 

STATES ATTORNEY, Greensboro, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.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

Bronson Jermaine Gainey appeals from the sentence imposed pursuant to his 

revocation of supervised release. The district court imposed a sentence of 22 months in 

prison, followed by 14 months of supervised release. On appeal, Gainey contends that his 

sentence was substantively plainly unreasonable. We affirm.

“A district court has broad discretion when imposing a sentence upon revocation of 

supervised release.” United States v. Webb, 738 F.3d 638, 640 (4th Cir. 2013). We “will 

affirm a revocation sentence if it is within the statutory maximum and is not plainly 

unreasonable.” United States v. Slappy, 872 F.3d 202, 207 (4th Cir. 2017) (internal 

quotation marks omitted). To consider whether a revocation sentence is plainly 

unreasonable, we first determine whether the sentence is unreasonable. Id. Only if the 

sentence is procedurally or substantively unreasonable must the court determine whether 

it is plainly so. Id. at 208; United States v. Moulden, 478 F.3d 652, 657 (4th Cir. 2007). 

A revocation sentence is procedurally reasonable when the district court considers 

the Chapter Seven policy statements and applicable 18 U.S.C. § 3553(a) (2018) factors and 

adequately explains the sentence imposed. Slappy, 872 F.3d at 207; see 18 U.S.C. 

§ 3583(d) (2018) (listing relevant factors). A revocation sentence is substantively 

reasonable if the court states a proper basis for concluding that the defendant should receive 

the sentence imposed, up to the statutory maximum. Slappy, 872 F.3d at 207. “A sentence 

within the policy statement range is presumed reasonable.” United States v. Padgett, 788 

F.3d 370, 373 (4th Cir. 2015) (internal quotation marks omitted). 
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Initially, although the parties do not raise the issue, we have confirmed that the 

sentence is procedurally reasonable. See United States v. Provance, 944 F.3d 213, 218 (4th 

Cir. 2019). Turning to the substantive reasonableness of the sentence, Gainey asserts that 

he presented sufficient mitigating circumstances to justify a shorter sentence. Specifically, 

Gainey points to his drug treatment and his employment. However, Gainey admitted that 

he missed appointments and meetings with regard to his drug counseling and did not stay 

employed at any one place for very long. 

Gainey’s sentence, which was within the policy statement range, was presumptively 

reasonable. Moreover, the district court stated several bases to justify the imposed 

sentence, including the need to protect the public, the serious nature of Gainey’s violations, 

the need for deterrence, and Gainey’s nearly immediate failure to abide by his supervision 

requirements. We find that these bases were sufficient to render the sentence substantively 

reasonable and that Gainey’s mitigating circumstances were insufficient to rebut the 

presumption of reasonableness.

Thus, we affirm Gainey’s sentence. 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