UNITED STATES of America, Plaintiff-Appellee, v. Darrell Darnell McCLURE, a/k/a Oink, Defendant-Appellant, 234 F. App'x 63

PER CURIAM: Darrell Darnell McClure pled guilty to possession of 26.1 grams of cocaine base (crack) with intent to distribute, 21 U.S.C.A. § 841(a)(1), (b)(1)(B) (West 1999 & Supp.2007), and was sentenced to a term of 164 months’ imprisonment. McClure appeals his sentence, challenging this court’s decision to accord a presumption of reasonableness to a sentence within a correctly calculated guideline range as a return to mandatory guideline sentencing.

He also argues that his sentence, which is in the middle of the advisory guideline range, is unreasonable because it is greater than necessary to accomplish the goals of 18 U.S.C.A. § 3553(a) (West 2000 & Supp.2007). We affirm. McClure’s first issue is foreclosed by the Supreme Court’s decision in Rita v. United States, — U.S. -, 127 S.Ct. 2456, 168 L.Ed.2d 203 (2007) (upholding presumption of reasonableness standard). Moreover, our review of the record discloses that McClure has failed to rebut the presumption of reasonableness. We therefore affirm the sentence imposed by the district court.

We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. AFFIRMED.