United States v. Davis-Bey

MELLOY, Circuit Judge.

Pursuant to a plea agreement, Appellant Darell Davis-Bey pleaded guilty to two counts of access device fraud. 18 U.S.C. §§ 1029(a)(2), (a)(3) & (b)(1). Each count carried a statutory maximum ten-year term of imprisonment, and Appellant’s undisputed advisory Guidelines range was twenty-four to thirty months’ imprisonment. The district court 1 varied upwardly from this advisory range and sentenced him to concurrent sixty-month terms of imprisonment. Appellant argues to our court that his sentence is proeedurally and substantively unreasonable. He argues specifically that…