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United States v. Lymas

United States Court of Appeals, Fourth Circuit

March 18, 2015

UNITED STATES OF AMERICA, Plaintiff - Appellee,
v.
XAVIER DESHAWN LYMAS, Defendant - Appellant. UNITED STATES OF AMERICA, Plaintiff - Appellee,
v.
LIONEL BERNARD NEWMAN, a/k/a Mooky, Defendant - Appellant. UNITED STATES OF AMERICA, Plaintiff - Appellee,
v.
JESSIE GOMEZ, a/k/a Jesus, Defendant - Appellant

 Argued December 11, 2014

Page 107

Appeals from the United States District Court for the Eastern District of North Carolina, at Raleigh. (5:12-cr-00336-BO-1; 5:12-cr-00336-BO-3; 5:12-cr-00336-BO-2). Terrence W. Boyle, District Judge.

ARGUED:

Terry F. Rose, Smithfield, North Carolina; G. Alan DuBois, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Raleigh, North Carolina, for Appellants.

Shailika S. Kotiya, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee.

ON BRIEF:

Thomas P. McNamara, Federal Public Defender, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Raleigh, North Carolina, for Appellant Lymas.

Brett Wentz, WENTZ LAW, PLLC, Wilmington, North Carolina, for Appellant Gomez.

Thomas G. Walker, United States Attorney, Jennifer P. May-Parker, Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee.

Before TRAXLER, Chief Judge, and WYNN and HARRIS, Circuit Judges. Chief Judge Traxler wrote the opinion, in which Judge Wynn and Judge Harris joined.

OPINION

Page 108

TRAXLER, Chief Judge

Appellants Xavier D. Lymas, Lionel B. Newman and Jessie Gomez challenge both the procedural and substantive reasonableness of their sentences. We conclude that the district court committed procedural error by failing to explain its rejection of the Guidelines sentences or to offer an individualized

Page 109

assessment to justify each appellant's sentence based on the particular facts of the case before the court. We therefore vacate and remand for resentencing.

I.

A.

This appeal arises from a convenience-store-robbery spree that occurred over a four-day period in Fayetteville, North Carolina, in the fall of 2011. In need of rent money, Gomez enlisted the participation of Lymas and Jose Morales to help him commit a robbery. Morales recruited Newman and obtained two .38 caliber handguns. On October 27, 2011, the four men gathered at Gomez's home and decided to rob a Short Stop convenience store. Morales drove the appellants to the ...


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