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United States v. Holley - Sentence Affirmed on Grouping and Consecutive Sentencing Challenges

The Fourth Circuit affirmed Xavier Holley's 480-month sentence for attempted Hobbs Act robbery and conspiracy, rejecting his challenges to the district court's grouping of counts and its authority to impose consecutive sentences. The appellate court held that any grouping error was harmless because the offense level remained at 45 regardless of grouping, and that consecutive sentences for conspiracy and attempted robbery are permissible under 18 U.S.C. § 3584(a) per this circuit's precedent in United States v. Oliver.

US v. Preston Mills Jr. - Affirmed in Part, Vacated in Part, Remanded

The Fourth Circuit affirmed the district court's revocation of supervised release for Preston Mills Jr. but vacated his 24-month revocation sentence, remanding for resentencing. The appellate court found no error in the underlying revocation based on new criminal charges, but held that the sentence was plainly unreasonable because the district court failed to consider a potentially non-frivolous mitigation argument.