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Unpublished
Unpublished
No. 08-4723
Appeal from the United States District Court for the District of
South Carolina, at Charleston. David C. Norton, District Judge.
(2:07-cr-00578-DCN-1)
Submitted:
Decided:
Mary
Gordon
Baker,
Assistant
Federal
Public
Defender,
Charleston, South Carolina, for Appellant.
Eric John Klumb,
Assistant United States Attorney, Charleston, South Carolina,
for Appellee.
PER CURIAM:
Albert
sentence
for
E.
Parish,
fraud,
Jr.,
in
appeals
violation
his
of
18
conviction
U.S.C.A.
and
1341
(West 2000 & Supp. 2007) (Counts One and Four), and making a
materially false statement, in violation of 18 U.S.C.A. 1001
(West 2000 & Supp. 2007) (Count Eleven).
restitution.
accordance
with
Parishs
Anders
v.
attorney
has
California,
filed
386
U.S.
brief
738
in
(1967),
sentence,
but
concluding
that
there
are
no
We affirm.
the
uncontroverted
testimony
of
the
court-appointed
the loss for guidelines purposes, the amount of loss could not
go below $50,000,000. 1
Parish
have
sentenced
also
him
alleges
below
that
the
discretion,
(2007).
Gall
v.
district
applicable
the
court
guidelines
should
range
to
United
States,
128
S.
Ct.
586,
597
the guidelines sentence, see United States v. Go, 517 F.3d 216,
218 (4th Cir. 2008); see also Rita v. United States, 127 S. Ct.
2456, 2462-69 (2007), we conclude that Parish has not rebutted
the
presumption
of
reasonableness
and
that
his
sentence
is
reasonable. 2
Finally,
Parishs
claim
that
his
attorney
was
unless
that
it
his
conclusively
counsel
was
appears
from
ineffective.
the
face
United
of
States
the
v.
filed,
believes
but
counsel
that
such
petition
would
be