United States v. Boulware, 604 F.3d 832 (4th Cir. 2010). · Go Syfert
United States v. Boulware, 604 F.3d 832 (4th Cir. 2010). Cases Citing This Book View Copy Cite
“the notion that having to explain its analysis further might have changed the district court's mind ... is simply unrealistic in the present case, and remand for resentencing would be a pointless waste of resources”
322 citation events (322 in the last 25 years) across 4 distinct courts.
Strongest positive: United States v. Kovacs Troutman (ca4, 2026-06-23)
Treatment trajectory · 2010 → 2026 · click a year to view as-of
2010 2018 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) United States v. Kovacs Troutman (2×) also: Cited "see"
4th Cir. · 2026 · signal: see · quote attribution · 1 verbatim quote · confidence high
he notion that having to explain its analysis further change the district court's mind . . . is simply unrealistic . . . and remand for resentencing would be a pointless waste of resources.
examined Cited as authority (verbatim quote) United States v. Garrett (2×) also: Cited as authority (rule)
4th Cir. · 2011 · signal: see · quote attribution · 1 verbatim quote · confidence high
the notion that having to explain its analysis further might have changed the district court's mind ... is simply unrealistic in the present case, and remand for resentencing would be a pointless waste of resources
discussed Cited as authority (rule) United States v. Francisco Celedon (2×)
4th Cir. · 2026 · confidence medium
The Government “may avoid reversal only if it demonstrates that the error ‘did not have a substantial and injurious effect or influence’ on the result.” United States v. Boulware, 604 F.3d 832, 838 (4th Cir. 2010) (quoting United States v. Lynn, 592 F.3d 572, 585 (4th Cir. 2010)).
discussed Cited as authority (rule) United States v. Eugene McGilvery, III
4th Cir. · 2025 · confidence medium
Under these circumstances, “the notion that having to explain its analysis further might have changed the district court’s mind . . . is simply unrealistic . . . , and remand for resentencing would be a pointless waste of resources.” United States v. Boulware, 604 F.3d 832, 840 (4th Cir. 2010).
examined Cited as authority (rule) United States v. Cedric Benton (4×) also: Cited "see", Cited "see, e.g."
4th Cir. · 2025 · confidence medium
Here, we assume without deciding that the district court erred in failing to explicitly address Benton’s mitigating arguments for his fraud and revocation sentences. 3 But we find any assumed error harmless because we can say with “fair assurance” on this record “that the district court’s explicit consideration of [Benton’s] arguments would not have affected the sentence imposed.” Boulware, 604 F.3d at 838 (cleaned up).
examined Cited as authority (rule) United States v. Cedric Benton (4×) also: Cited "see", Cited "see, e.g."
4th Cir. · 2025 · confidence medium
Here, we assume without deciding that the district court erred in failing to explicitly address Benton’s mitigating arguments for his fraud and revocation sentences. 3 But we find any assumed error harmless because we can say with “fair assurance” on this record “that the district court’s explicit consideration of [Benton’s] arguments would not have affected the sentence imposed.” Boulware, 604 F.3d at 838 (cleaned up).
discussed Cited as authority (rule) United States v. Jarred Ford
4th Cir. · 2025 · signal: cf. · confidence medium
See Hernandez, 603 F.3d at 273 ; cf. United States v. Boulware, 604 F.3d 832, 840 (4th Cir. 2010) (finding a preserved sentencing explanation error harmless in part because “the notion that having to explain its analysis further might have changed the district court’s mind” was “simply unrealistic” and a remand for resentencing would have been “a pointless waste of resources”).
discussed Cited as authority (rule) United States v. Miguel Hutchinson (2×) also: Cited "see"
4th Cir. · 2024 · confidence medium
A procedural error is nevertheless harmless, however, if it “did not have a substantial and injurious effect or influence on the result.” United States v. Boulware, 604 F.3d 832, 838 (4th Cir. 2010) (internal quotation marks omitted).
discussed Cited as authority (rule) United States v. Jonathon Eads (2×) also: Cited "see"
4th Cir. · 2024 · confidence medium
For a procedural error to be harmless, the Government must show that the error “did not have a substantial and injurious influence on the result.” United States v. Boulware, 604 F.3d 832, 838 (4th Cir. 2010) (internal quotation marks and citation omitted).
discussed Cited as authority (rule) United States v. David Valentine
4th Cir. · 2024 · confidence medium
In United States v. Boulware, 604 F.3d 832, 839-40 (4th Cir. 2010), we found the district court’s error harmless because the court explained that it had considered the sentencing factors, “emphasized the need for specific and general deterrence,” and determined that the defendant’s arguments were “very weak.” Similarly here, Valentine’s arguments were quite weak.
discussed Cited as authority (rule) United States v. Antonio Taylor
4th Cir. · 2024 · confidence medium
A procedural sentencing error is harmless if it “did not have a substantial and injurious effect or influence on the result and we can say with fair assurance that the district court’s explicit consideration of the defendant’s arguments would not have affected the sentence imposed.” United States v. Boulware, 604 F.3d 832, 838 (4th Cir. 2010) (cleaned up); see Ross, 912 F.3d at 745 .
discussed Cited as authority (rule) United States v. Willie Allen, II (2×) also: Cited "see"
4th Cir. · 2024 · confidence medium
An insufficient explanation for a chosen sentence can be harmless where the Government “demonstrates that the error did not have a substantial and injurious effect or influence on the result and we can say with fair assurance that the district court’s explicit consideration of the defendant’s arguments would not have affected the sentence imposed.” United States v. Boulware, 604 F.3d 832, 838 (4th Cir. 2010) (cleaned up).
discussed Cited as authority (rule) United States v. Jose Vertiz-Cruz
4th Cir. · 2023 · signal: cf. · confidence medium
Cf. Boulware, 604 F.3d at 839-40 (holding district court’s error harmless because the court explained that it considered the sentencing factors, “emphasized the need for specific and general deterrence,” and the defendant’s arguments “were very weak”).
discussed Cited as authority (rule) United States v. Lorenzo Coston
4th Cir. · 2023 · confidence medium
And because the record fails to provide “fair assurance that the district court’s explicit consideration” of the omitted arguments and sentencing factors “would not have affected the sentence imposed,” we conclude that the court’s error is not harmless. 2 United States v. Boulware, 604 F.3d 832, 838 (4th Cir. 2010) (cleaned up).
discussed Cited as authority (rule) United States v. Alice Felder-Lucas
4th Cir. · 2023 · confidence medium
Moreover, an insufficient explanation for a chosen sentence can be harmless where the Government “demonstrates that the error did not have a substantial and injurious effect or influence on the result and we can say with fair assurance that the district court’s explicit consideration of the defendant’s arguments would not have affected the sentence imposed.” United States v. Boulware, 604 F.3d 832, 838 (4th Cir. 2010) (cleaned up). 2 USCA4 Appeal: 22-4393 Doc: 18 Filed: 06/27/2023 Pg: 3 of 3 Felder-Lucas argues that the district court erred by failing to specifically address her argume…
discussed Cited as authority (rule) United States v. James Hall, Jr.
4th Cir. · 2023 · confidence medium
Here, the Government contends that Hall’s arguments were weak and did not support a downward variance in light of Hall’s criminal conduct and history. 5 USCA4 Appeal: 22-4323 Doc: 26 Filed: 06/13/2023 Pg: 6 of 6 In United States v. Boulware, 604 F.3d 832, 839-40 (4th Cir. 2010), we found the district court’s error harmless because the court explained that it had considered the sentencing factors, “emphasized the need for specific and general deterrence,” and determined that the defendant’s arguments were “very weak.” Similarly here, Hall’s arguments were quite weak.
discussed Cited as authority (rule) United States v. Tulio Mejia-Martinez
4th Cir. · 2023 · signal: cf. · confidence medium
Cf. United States v. Boulware, 604 F.3d 832, 839-40 (4th Cir. 2010) (holding district court’s error harmless because the court explained that it considered the sentencing factors, “emphasized the need for specific and general deterrence,” and the defendant’s arguments “were very weak”).
discussed Cited as authority (rule) United States v. Thomas Smith
4th Cir. · 2023 · confidence medium
And “even assuming the court’s explanation was insufficient,” we will not vacate the sentence if the government shows the “error was harmless.” United States v. Boulware, 604 F.3d 832, 837 (4th Cir. 2010).
discussed Cited as authority (rule) United States v. Bradley Roberson
4th Cir. · 2023 · confidence medium
The Government bears the burden of showing “that the error did not have a substantial and injurious effect or influence on the result and we can say with fair assurance that the district court’s explicit consideration of the defendant’s arguments would not have affected the sentence imposed.” United States v. Boulware, 604 F.3d 832, 838 (4th Cir. 2010) (alterations and internal quotation marks omitted). 5 USCA4 Appeal: 21-4128 Doc: 66 Filed: 02/17/2023 Pg: 6 of 8 Here, despite this court’s ruling that the district court failed to provide an explanation for its chosen sentence, the di…
discussed Cited as authority (rule) United States v. O'Brien Hooker
4th Cir. · 2021 · confidence medium
A procedural sentencing error is harmless if it “did not have a substantial and injurious effect or influence on the result and we can say with fair assurance that the district court’s explicit consideration of the defendant’s arguments would not have affected the sentence imposed.” United States v. Boulware, 604 F.3d 832, 838 (4th Cir. 2010) (alterations and internal quotation marks omitted); see Ross, 912 F.3d at 745 .
discussed Cited as authority (rule) United States v. Earl Terry, Jr.
4th Cir. · 2021 · confidence medium
We have held “that arguments made under § 3553(a) for a sentence different than the one that is eventually imposed are sufficient to preserve claims that the district court erred in not adequately explaining its rejection of the sentencing arguments.” United States v. Boulware, 604 F.3d 832, 838 (4th Cir. 2010).
discussed Cited as authority (rule) United States v. Jonathan Vanderhorst
4th Cir. · 2021 · confidence medium
A procedural sentencing error is harmless if it “did not have a substantial and injurious effect or influence on the result and we can say with fair assurance that the district court’s explicit consideration of the defendant’s arguments would not have affected the sentence imposed.” United States v. Boulware, 604 F.3d 832, 838 (4th Cir. 2010) (alterations and internal quotation marks omitted); see Ross, 912 F.3d at 745 .
discussed Cited as authority (rule) United States v. Barrington Strauchn, Jr.
4th Cir. · 2021 · confidence medium
Where, as here, the defendant claims that the district court procedurally erred by failing to explain its rejection of his arguments, the district court’s error is harmless only if we can “say with fair assurance that the district court’s explicit consideration of [the defendant’s] arguments would not have affected the sentence imposed.” United States v. Boulware, 604 F.3d 832, 838 (4th Cir. 2010) (internal quotation marks omitted).
discussed Cited as authority (rule) United States v. Justin Hale
4th Cir. · 2020 · confidence medium
The Government bears the burden of showing “that the error did not have a substantial and injurious effect or influence on the result and we can say with fair assurance that the district court’s explicit consideration of the defendant’s arguments would not have affected the sentence imposed.” United States v. Boulware, 604 F.3d 832, 838 (4th Cir. 2010) (alterations and internal quotation marks omitted).
discussed Cited as authority (rule) United States v. Steven Helton
4th Cir. · 2020 · confidence medium
An error is harmless if the Government “demonstrates that the error did not have a substantial and injurious effect or influence on the result and we can say with fair assurance that [correcting the 2 errors] would not have affected the sentence imposed.” United States v. Boulware, 604 F.3d 832, 838 (4th Cir. 2010) (alterations and internal quotation marks omitted).
discussed Cited as authority (rule) United States v. Joey Chambers, Jr.
4th Cir. · 2020 · confidence medium
An error is harmless if it “did not have a substantial and injurious effect or influence on the result and we can say with fair assurance that the district court’s explicit consideration of the defendant’s arguments would not have affected the sentence imposed.” United States v. Boulware, 604 F.3d 832, 838 (4th Cir. 2010) (alterations and internal quotation marks omitted).
discussed Cited as authority (rule) United States v. Laray Copeland
4th Cir. · 2020 · signal: cf. · confidence medium
“An error affects a defendant’s substantial rights if the error ‘affected the outcome of the district court proceedings.’” United States v. Hargrove, 625 F.3d 170, 184 (4th Cir. 2010) (citation omitted). “‘To satisfy this requirement in the sentencing context, the defendant must show that he would have received a lower sentence had the error not occurred.’” Id. at 184-85 (citation omitted); cf. 3 United States v. Boulware, 604 F.3d 832, 838 (4th Cir. 2010) (where defendant preserved the issue, the government had to show “the error did not have a substantial and injurious ef…
discussed Cited as authority (rule) United States v. Bradley Roberson
4th Cir. · 2020 · confidence medium
In United States v. Boulware, 604 F.3d 832, 839-40 (4th Cir. 2010), we found the district court’s error harmless because the court explained that it had considered the * While the Government asserts that Roberson’s arguments were “weak,” the Government does not contend that they were frivolous. 4 sentencing factors, “emphasized the need for specific and general deterrence,” and the defendant’s arguments were “very weak.” Here, even assuming Roberson’s arguments were weak, the district court made no statement as to whether it considered the relevant statutory sentencing fact…
discussed Cited as authority (rule) United States v. Renaldo Metcalf
4th Cir. · 2020 · confidence medium
An error is harmless if the Government shows “that the error did not have a substantial and injurious effect or influence on the result.” United States v. Boulware, 604 F.3d 832, 838 (4th Cir. 2010) (internal quotation marks omitted).
discussed Cited as authority (rule) United States v. Joshua Randall
4th Cir. · 2020 · confidence medium
The Government bears the burden of showing “that the error did not have a substantial and injurious effect or influence on the result” and “may avoid reversal only if . . . we can say with fair assurance that the district court’s explicit consideration of the defendant’s arguments would not have affected the sentence imposed.” United States v. Boulware, 604 F.3d 832, 838 (4th Cir. 2010) (alterations and internal quotation marks omitted).
discussed Cited as authority (rule) United States v. Nathan Carpenter
4th Cir. · 2020 · confidence medium
An error is harmless if the Government demonstrates that it “did not have a substantial and injurious effect or influence on the result and we can say with fair assurance that the district court’s explicit consideration of the defendant’s arguments would not have affected the sentence imposed.” United States v. Boulware, 604 F.3d 832, 838 (4th Cir. 2010) (alterations and internal quotation marks omitted).
discussed Cited as authority (rule) United States v. Lawrence Jordan (2×) also: Cited "see"
4th Cir. · 2020 · confidence medium
An error is harmless 1 Jordan concedes that he violated the terms of his supervised release. 2 if the government “demonstrates that the error did not have a substantial and injurious effect or influence on the result and we can say with fair assurance that the district court’s explicit consideration of the defendant’s arguments would not have affected the sentence imposed.” United States v. Boulware, 604 F.3d 832, 838 (4th Cir. 2010) (alterations and internal quotation marks omitted).
cited Cited as authority (rule) United States v. Roberto Moreno Pena
4th Cir. · 2020 · confidence medium
Although we are not bound by the government’s concession of error, United States v. Boulware, 604 F.3d 832, 837 (4th Cir. 2010), we see no reason not to proceed to the harmless error analysis.
cited Cited as authority (rule) United States v. Jaquin Pratt
4th Cir. · 2020 · confidence medium
United States v. Boulware, 604 F.3d 832, 838 (4th Cir. 2010) (internal quotation marks omitted).
discussed Cited as authority (rule) United States v. Michael Brodie
4th Cir. · 2019 · confidence medium
An error is harmless if the Government shows “that the error did not have a substantial and injurious effect or influence on the result and we can say with fair assurance that the district court’s explicit consideration of the defendant’s arguments would not have affected the sentence imposed.” United States v. Boulware, 604 F.3d 832, 838 (4th Cir. 2010) (alterations and internal quotation marks omitted).
discussed Cited as authority (rule) United States v. Daniel Wade, Jr.
4th Cir. · 2019 · confidence medium
See Puckett v. United States, 556 U.S. 129, 141 (2009) (noting that “procedural errors at sentencing . . . are routinely subject to 5 harmlessness review”); United States v. Boulware, 604 F.3d 832, 838 (4th Cir. 2010) (applying harmless-error review of alleged procedural error).
discussed Cited as authority (rule) United States v. Timothy McNeal
4th Cir. · 2019 · confidence medium
Although the district court did not explicitly address some of the mitigating characteristics that McNeal raised in requesting a sentence at the low end of the advisory Guidelines range, see United States v. Bollinger, 798 F.3d 201, 220 (4th Cir. 2015), we conclude that any procedural error was harmless, see United States v. Boulware, 604 F.3d 832, 838 (4th Cir. 2010) (defining harmless error); United States v. Lynn, 592 F.3d 572, 576 (4th Cir. 2010) (stating that court “need not robotically tick through § 3553(a)’s every subsection, particularly when imposing a within-Guidelines sentence…
discussed Cited as authority (rule) United States v. William Woodberry, Jr.
4th Cir. · 2019 · confidence medium
“Under that standard, the government may avoid reversal only if it demonstrates that the error did not have a substantial and injurious effect or influence on the result,” such that “we can say with fair assurance that the district court’s explicit consideration of the defendant’s arguments would not have affected the sentence imposed.” United States v. Boulware, 604 F.3d 832, 838 (4th Cir. 2010) (alterations and internal quotation marks omitted).
discussed Cited as authority (rule) United States v. Devin Ebron
4th Cir. · 2018 · confidence medium
An error is harmless if the Government shows “that the error did not have a substantial and injurious effect or influence on the result and we can say with fair assurance that the district court’s explicit consideration of the defendant’s arguments would not have affected the sentence imposed.” United States v. Boulware, 604 F.3d 832, 838 (4th Cir. 2010) (alterations and internal quotation marks omitted).
discussed Cited as authority (rule) United States v. Christopher Andre Royal (2×) also: Cited "see"
4th Cir. · 2018 · confidence medium
The Government bears the burden of showing “that the error did not have a substantial and injurious effect or influence on the result and we can say with fair assurance that the district court’s explicit consideration of the defendant’s arguments would not have affected the sentence imposed.” United States v. Boulware, 604 F.3d 832, 838 (4th Cir. 2010) (alterations and internal quotation marks omitted).
discussed Cited as authority (rule) United States v. Donovan Letrell Hall
4th Cir. · 2018 · confidence medium
The Government bears the burden of showing “that the error did not have a substantial and injurious effect or influence on the result and we can say with fair assurance that the district court’s explicit consideration of the defendant’s arguments would not have affected the sentence imposed.” United States v. 4 Boulware, 604 F.3d 832, 838 (4th Cir. 2010) (alterations and internal quotation marks omitted).
discussed Cited as authority (rule) United States v. Tommy Strickland
4th Cir. · 2017 · confidence medium
See Rita v. United States, 551 U.S. 338, 356 , 127 S.Ct. 2456 , 168 L.Ed.2d 203 (2007) (holding that all that is required of a district court is an explanation sufficient “to satisfy the appellate court that it has considered the parties’ arguments and has a reasoned basis for exercising [its] own legal decision-making authority”); United States v. Boulware, 604 F.3d 832, 837 (4th Cir. 2010) (recognizing that a sentencing “a court need not necessarily issue a comprehensive, detailed opinion”).
discussed Cited as authority (rule) United States v. Jose Romero-Ramirez
4th Cir. · 2017 · confidence medium
“Under that standard, the government may avoid reversal only if it demonstrates that the error did not have a substantial and injurious effect or influence on the result,” such that the court “can say with fair assurance that the district court’s explicit consideration of the defendant’s arguments would not have affected the sentence imposed.” United States v. Boulware, 604 F.3d 832, 838 (4th Cir. 2010) (alterations and internal quotation marks omitted).
cited Cited as authority (rule) United States v. Kortne Melvin
4th Cir. · 2017 · confidence medium
United States v. Boulware, 604 F.3d 832, 838-40 (4th Cir. 2010).
discussed Cited as authority (rule) United States v. Jose Garcia
4th Cir. · 2017 · confidence medium
As a result, we cannot say, with “fair assurance, that the district court’s explicit consideration of the defendant’s arguments would not have affected the sentence imposed.” United States v. Boulware, 604 F.3d 832, 838 (4th Cir. 2010) (ellipsis and internal quotation marks omitted).
cited Cited as authority (rule) United States v. Geoffrey Ramer
4th Cir. · 2017 · confidence medium
United States v. Boulware, 604 F.3d 832, 838 (4th Cir. 2010) (providing harmless error standard).
cited Cited as authority (rule) United States v. Sergio Renteria-Gonzalez
4th Cir. · 2017 · confidence medium
United States v. Boulware, 604 F.3d 832, 838 (4th Cir. 2010).
discussed Cited as authority (rule) United States v. Christian Rhodes
4th Cir. · 2016 · confidence medium
The Government may establish that such a procedural error was harmless, and thus avoid remand, by showing “that the error did not have a substantial and injurious effect or influence on the result and we can say with fair assurance that the district court’s explicit consideration of the defendant’s *277 arguments would not have affected the sentence imposed.” United States v. Boulware, 604 F.3d 832, 838 (4th Cir. 2010) (alterations and internal quotation marks omitted).
discussed Cited as authority (rule) United States v. Ernest Williams, Jr.
4th Cir. · 2016 · confidence medium
At times, however, “the offense of conviction ‘appears to fall under the express terms of more than one guideline[.]’” United States v. Boulware, 604 F.3d 832, 836 (4th Cir. 2010) (brackets omitted) (quoting United States v. Lambert, 994 F.2d 1088, 1092 (4th Cir. 1993)).
discussed Cited as authority (rule) United States v. Jonathan Bustos-Anica
4th Cir. · 2016 · confidence medium
Considered in the context of the entire sentencing hearing, we conclude that the district court’s explanation is sufficient to satisfy us that it “ ‘considered the parties’ arguments and ha[d] a reasoned basis for exercising [its] own legal deci-sionmaking authority.’” United States v. Boulware, 604 F.3d 832, 837 (4th Cir. 2010) (quoting Rita, 551 U.S. at 356 , 127 S.Ct. 2456 ).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
Amanda BOULWARE, A/K/A Amanda L. Manigault, A/K/A Amanda Lynn Manigault, A/K/A Amanda Mianigault-Boulware, A/K/A Amanda L. Boulware, A/K/A Amanda Manigault, A/K/A Amanda Boulware-Manigault, Defendant-Appellant
09-5125.
Court of Appeals for the Fourth Circuit.
May 11, 2010.
604 F.3d 832
ARGUED: John Herman Hare, Office of the Federal Public Defender, Columbia, South Carolina, for Appellant. Robert Frank Daley, Jr., Office Of The United States Attorney, Columbia, South Carolina, for Appellee. ON BRIEF: Kevin F. McDonald, Acting United States Attorney, Anne Hunter Young, Assistant United States Attorney, Office of the United States Attorney, Columbia, South Carolina, for Appellee.
Traxler, Duncan, Davis.
Cited by 228 opinions  |  Published

Affirmed by published opinion. Chief Judge TRAXLER wrote the opinion, in which Judge DUNCAN and Judge DAVIS joined.

OPINION

TRAXLER, Chief Judge:

Amanda Boulware appeals her sentence for fraudulently making a declaration under penalty of perjury in a bankruptcy case, arguing that the district court used the wrong guideline to calculate her advisory guideline range and that the court inadequately explained its reasons for imposing a sentence within that range. Finding no reversible error, we affirm.

I.

Since 1995, Boulware has filed for bankruptcy 16 times in three different districts. On May 25, 2007, the U.S. Bankruptcy Court for the Northern District of Georgia entered an order dismissing Boulware’s Chapter 13 proceeding and barring her for five years from filing another bankruptcy case. Boulware violated that order approximately three months later when she filed a Chapter 13 bankruptcy petition in the District of South Carolina. Although the petition required her to disclose, under penalty of perjury, all her previous bankruptcy cases filed in the past eight years, Boulware failed to disclose nine such cases that she had filed in the Northern District of Georgia.

Boulware was subsequently charged in a two-count indictment in the District of[*835] South Carolina. Count One charged her with knowingly and fraudulently making a false declaration, certification, verification, and statement under penalty of per jury by failing to disclose nine prior bankruptcy filings she had filed in the Northern District of Georgia within the past eight years, in violation of 18 U.S.C.A. § 152(3) (West 2000). Count Two charged her with willfully and knowingly disobeying and resisting a lawful order of a court of the United States, in violation of 18 U.S.C.A. § 401(3) (West Supp.2009). Boulware pleaded guilty to Count One. The United States Probation Office then prepared a presentence report (“PSR”) applying U.S.S.G. § 2J1.3(a) for the conduct that the indictment charged as violating 18 U.S.C.A. § 152(3). See U.S. Sentencing Guidelines Manual § 2J1.3(a) (2008). Based on a total offense level of 12 [1] and a Category III Criminal History, the PSR calculated the advisory guideline range to be 15 to 21 months’ imprisonment. Boulware objected to the PSR, arguing that § 2B1.1, which covers offenses involving fraud and deceit, should be applied instead of § 2J1.3, which applies to offenses involving perjury and other related crimes.

At sentencing, the district court overruled Boulware’s objection and adopted the PSR’s recommendations regarding the applicable advisory guidelines range. The district court then read a lengthy letter from Boulware and another letter from her cousin. The cousin also made an oral statement in which she stressed that Boulware owned a cosmetology school, had started a non-profit organization for high school students seeking a career in cosmetology and barbering, and hoped to have her sickly mother move in with her soon. Defense counsel added that Boulware supports two of her children, aged 12 and 19. For all those reasons, defense counsel requested a sentence of probation with home detention or, alternatively, of imprisonment for one year and a day. The district court then asked to speak to the probation officer, following which defense counsel added that Boulware had been on pretrial release since February 2009 and counsel was not aware of any problems with that arrangement.

The district court then rejected defense counsel’s request, stating the following:

In consideration of all the factors I’m required to consider under Section 3553(a), I determined that a sentence within the advisory guideline range is the appropriate sentence in this case, however I will sentence at the low end.
In doing so, I have taken into account all the factors required of me by Section 3553(a), including the nature and characteristics of the defendant, the nature and characteristics of the offense, the need to promote deterrence, a specific deterrence and general deterrence, and all the other factors required. And having done that I’m convinced that a sentence of 15 months, the low end of the advisory range, is appropriate.

J.A. 55.

II.

Boulware first contends that the district court erred by using U.S.S.G. § 2J1.3 rather than U.S.S.G. § 2B1.1 to set her offense level. We disagree.

We review the district court’s selection of § 2J1.3 de novo. See United States v. Davis, 202 F.3d 212, 218 (4th Cir.2000). The Guidelines require that a sentencing court “[determine the offense guideline section ... applicable to the of[*836] fense of conviction (ie., the offense conduct charged in the count of the indictment or information of which the defendant was convicted).” U.S.S.G. § 1B1.2; see United States v. Lambert, 994 F.2d 1088, 1091 (4th Cir.1993). The applicable guideline generally is found in the Statutory Index to the Guidelines (Appendix A). See U.S.S.G. § lB1.2(a). When the offense of conviction “appear[s] to fall under the express terms of more than one guideline,” the sentencing court must choose the guideline that is “most applicable” by “comparing] the guideline texts with the charged misconduct, rather than the statute (which may outlaw a variety of conduct implicating several guidelines) or the actual conduct (which may include factors not elements of the indicted offense).” Lambert, 994 F.2d at 1092 (emphasis and internal quotation marks omitted).

The Index lists three guidelines for 18 U.S.C.A. § 152: §§ 2B1.1, 2B4.1, and 2J1.3. The parties agree that § 2B4.1, which covers commercial bribery, is not applicable here. Thus, the question before us is which of the remaining two guidelines is more applicable to the offense of conviction. Section 2B1.1, one of the Chapter 2, Part B guidelines addressing “basic economic offenses,” covers, inter alia, fraud and deceit. Section 2J1.3, one of the Chapter 2, Part J guidelines addressing “offenses involving the administration of justice,” covers, inter alia, perjury.

Boulware maintains that her offense of conviction was more akin to fraud than to perjury. She argues that she lied to the bankruptcy court about her prior bankruptcy history “in a misguided attempt to stay ahead of her creditors.” Appellant’s br. at 11. Boulware’s argument is unpersuasive, however, because it does not focus on the “conduct charged in the count of the indictment ... of which the defendant was convicted.” U.S.S.G. § 1B1.2. The indictment did not characterize Boulware’s failure to disclose the prior bankruptcies as being part of a plan to avoid making payment to specific creditors. Rather, the indictment focused on the fact that her nondisclosure constituted a false declaration made to the bankruptcy court under penalty of perjury. Thus, the gravamen of the charge was that Boulware interfered with the bankruptcy court’s administration of justice, not that she defrauded any creditors.

Boulware argues that § 2B1.1 is the first guideline listed in the Statutory Index for 18 U.S.C.A. § 152(3), and that § 2B1.1 would not have been listed had the Sentencing Commission not expected it ever to be used in connection with 18 U.S.C.A. § 152(3). That argument clearly misses the mark, however. Section 2B1.1 is listed in the Index for § 152 generally, not for § 152(3) specifically, and the Index lists the guidelines in the order they appear in the manual, so the fact that § 2B1.1 is listed first is immaterial. See U.S.S.G. Appendix A. As for the argument that § 2B1.1 would not have been listed if it were never appropriate to apply it to § 152(3) offenses, the question before us is not whether § 2B1.1 would ever be appropriate to use with § 152(3). Rather, we consider whether it was appropriate to apply it based upon the offense conduct charged in this case.

Boulware also emphasizes that § 2B1.1 contains a specific offense characteristic directed toward “a misrepresentation or other fraudulent action during the course of a bankruptcy proceeding,” U.S.S.G. § 2Bl.l(b)(8)(B), while § 2J1.3 contains no comparable provision and there is no specific reference to bankruptcy in its accompanying commentary. That observation is of little consequence. As both guideline sections are listed in the Index, the district court was required to determine which was the better fit considering the charged of[*837] fense conduct. For the reasons already discussed, the district court was on firm ground in determining that § 2J1.3 was the better choice.

Finally, Boulware maintains that the text of § 2J1.3 and its commentary demonstrate that it is “directed at witness perjury and subornation of witness perjury and not false statements in bankruptcy proceedings, even if made under penalty of perjury.” Appellant’s br. at 12. We disagree. It is unclear to which parts of the text and commentary Boulware is referring, but the applicable commentary states, without any limitation, that § 2J1.3 “applies to perjury ... generally prosecuted under the referenced statutes,” of which § 152 is one. U.S.S.G. § 2J1.3 cmt. background.

III.

Boulware next argues that the district court did not offer sufficient reasons to show that it made an individual assessment of the specific circumstances in her case in light of the relevant factors under 18 U.S.C.A. § 3553(a) (West 2000 & Supp. 2009) and the arguments presented. The government concedes that the district court committed this procedural error, see United States v. Carter, 564 F.3d 325, 330 (4th Cir.2009) (“Regardless of whether the district court imposes an above, below, or within-Guidelines sentence, it must place on the record an ‘individualized assessment’ based on the particular facts of the case before it.”), but nonetheless argues that the error was harmless. We are, of course, not bound by the government’s concession, see United States v. Rodriguez, 433 F.3d 411, 414 n. 6 (4th Cir.2006), but even assuming that the court’s explanation was insufficient, we agree with the government’s assertion that any error was harmless.

Since the Supreme Court issued its Booker decision, the Sentencing Guidelines are no longer mandatory but rather are “effectively advisory.” United States v. Booker, 543 U.S. 220, 245, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005). When sentencing criminal defendants post -Booker, district courts first must correctly calculate the defendant’s sentencing range under the Sentencing Guidelines. See Gall v. United States, 552 U.S. 38, 49, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007). The court must then allow the parties to argue for what they believe to be an appropriate sentence and consider those arguments in light of the factors set forth in 18 U.S.C.A. § 3553(a). See id. at 49-50, 128 S.Ct. 586; United States v. Abu Ali, 528 F.3d 210, 260 (4th Cir.2008), cert. denied, — U.S. -, 129 S.Ct. 1312, 173 L.Ed.2d 584 (2009). Sentencing courts are statutorily required to state their reasons for imposing a particular sentence. See 18 U.S.C.A. § 3553(c) (West Supp.2009). Although a court need not necessarily issue a comprehensive, detailed opinion, the court’s explanation must nonetheless be sufficient “to satisfy the appellate court that [the district court] has considered the parties’ arguments and has a reasoned basis for exercising [its] own legal decisionmaking authority.” Rita v. United States, 551 U.S. 338, 356, 127 S.Ct. 2456, 168 L.Ed.2d 203 (2007); see also Gall, 552 U.S. at 50, 128 S.Ct. 586 (“After settling on the appropriate sentence, [the district court] must adequately explain the chosen sentence to allow for meaningful appellate review and to promote the perception of fair sentencing.”). District courts’ sentencing discretion is “sizeable,” Abu Ali, 528 F.3d at 266, and our review on appeal is limited to determining whether the sentence imposed is reasonable, see Gall, 552 U.S. at 51, 128 S.Ct. 586.

Our reasonableness review has procedural and substantive components. The procedural component, the one at is[*838] sue in this case, obligates us to ensure that the district court

committed no significant procedural error, such as failing to calculate (or improperly calculating) the Guidelines range, treating the Guidelines as mandatory, failing to consider the § 3553(a) factors, selecting a sentence based on clearly erroneous facts, or failing to adequately explain the chosen sentence— including an explanation for any deviation from the Guidelines range.

Id.

Here, as we have explained, the error alleged is that the district court committed procedural error by failing to adequately explain its decision not to impose a below-guidelines sentence. We have held that arguments made under § 3553(a) for a sentence different than the one that is eventually imposed are sufficient to preserve claims that the district court erred in not adequately explaining its- rejection of the sentencing arguments. See United States v. Lynn, 592 F.3d 572, 578-79 (4th Cir.2010); United States v. Grier, 475 F.3d 556, 571 n. 11 (3d Cir.2007) (en banc) (“Am objection to [an inadequate explanation] will be preserved if, during sentencing proceedings, the defendant properly raised a meritorious factual or legal issue relating to one or more of the factors enumerated in 18 U.S.C. § 3553(a).”). Because Boulware argued that the § 3553(a) factors warranted a below-guidelines sentence, the issue is properly preserved, and we therefore apply harmless-error review in considering whether Boulware’s alleged procedural error warrants reversal. [2] See Lynn, 592 F.3d at 579. Under that standard, the government may avoid reversal only if it demonstrates that the error “did not have a substantial and injurious effect or influence on the” result and “we can [] say with ... ‘fair assurance,’ ... that the district court’s explicit consideration of [the defendant’s] arguments would not have affected the sentence imposed.” Id. at 585 (quoting Kotteakos v. United States, 328 U.S. 750, 765, 66 S.Ct. 1239, 90 L.Ed. 1557 (1946) (internal quotation marks omitted)). We conclude that the government has satisfied that burden here.

That any error here would be harmless is best demonstrated by comparison of this case to one of the consolidated cases in Lynn. In that case, Lynn was convicted of possessing with intent to distribute, and conspiring to distribute, over 100 grams of heroin. See 21 U.S.C.A. §§ 841(a), 846 (West 1999). Lynn’s PSR, which the sentencing court adopted, classified Lynn as a career offender, see U.S.S.G. § 4B1.1, and determined his Guidelines range to be 360 months’ to life imprisonment. At sentencing, Lynn requested a below-guidelines sentence for several reasons:

He contended that he fell “at the very margins of career offender status” because “the greatest sentence that he ha[d] served prior to the imposition of this sentence [wa]s two and a half years.” He pro tested that the evidence demonstrated that he was not a “drug kingpin” but only a “courier” “for the benefit of another.” He maintained that the evidence showed that he had been paid just $1000 for the charged crime. He also asserted that a lengthy sentence would not achieve “specific deterrence” or “protection of] the public,” and that to impose a within-Guidelines career-offender sentence on him would create unwarranted sentencing disparities, giv[*839] en the substantial difference between state sentences and career-offender federal sentences.

Lynn, 592 F.3d at 583 (alterations in original). The court then sentenced Lynn to a within-guidelines sentence of 33 years, commenting only that that sentence was “fair and appropriate and ... consistent with the requirements of’ § 3553(a). Id. (internal quotation marks omitted). Subsequently, just prior to recessing, the court stated that he hoped Lynn would never commit any more crimes. See id. The court also added that it “never imposed a sentence on anyone ... other than in the public’s best interest” and mentioned that Lynn had an extensive criminal history and that “they finally caught up with him.” Id. (alteration omitted).

On appeal to us, Lynn argued that the district court had failed to sufficiently explain its sentence. We concluded that Lynn had properly preserved that objection. See id. at 583-84. We further held that the court’s sentencing explanation was insufficient. See id. at 584-85. In that regard, we noted that the district court had not offered any individualized assessment justifying the sentence imposed and rejection of arguments for a different sentence. See id. at 584. We also noted that the record did not clearly show that the district court considered the defendant’s evidence and arguments in determining its sentence. See id. We then turned to the question of harmlessness, which we concluded “present[ed] a close question.” Id. at 585. We determined, however, that the government failed to prove harmlessness because “[gjiven the strength of Lynn’s arguments for a different sentence, we [could not] say with any fair assurance that the district court’s explicit consideration of those arguments would not have affected the sentence imposed.” Id.

The government’s argument for harmless error in the present case is significantly stronger than its argument in Lynn for two reasons. First, even assuming that the district court committed procedural error in failing to explain its rejection of Boulware’s argument for a below-guidelines sentence, the record in this case leaves us with no doubt that the district court considered her argument in the context of applying the § 3553(a) factors. The district court specifically noted on the record that it had read Boulware’s letter and that of her cousin. The court then listened to the parties’ statements and arguments before seeking assistance from the probation officer. Finally, the court stated that it had arrived at the 15-month sentence by considering all of the § 3553(a) factors and emphasized the need for specific and general deterrence. Thus, even if the district court erred by not adequately explaining its reasons for rejecting Boulware’s argument for a below-guidelines sentence, we are quite confident that the district court undertook that analysis and considered Boulware’s argument. Cf. Rita, 551 U.S. at 358, 127 S.Ct. 2456 (concluding that when record showed that district court considered defendant’s request for a below-guidelines sentence based upon special circumstances that in fact were not particularly special and then imposed a within-guidelines sentence while explaining only that the sentence was “appropriate,” the district court “must have believed that there was not much more to say”); United States v. Battle, 499 F.3d 315, 324 (4th Cir.2007) (similar).

Second, unlike the sentencing arguments presented by the defendant in Lynn, the arguments that Boulware made for a below-guidelines sentence were very weak. Her abuse of the bankruptcy process, culminating in her offense conduct, in which she misrepresented the number of her serial bankruptcies, was extensive. And, her argument for a below-guidelines sentence amounted only to her claim that[*840] imprisoning her would negatively impact several other people. But certainly that state of affairs is not atypical for a defendant, and Boulware produced no evidence that the effects on others from her imprisonment would be unusually severe. For example, there was no evidence that in her absence there would be no one else available to support her children — one of whom was in college — or care for her mother. Nor was there any evidence presented that the effect on her students would be particularly damaging.

In light of the strong indications that the district court fully considered Boulware’s argument for a below-guidelines sentence, and in light of the weakness of that argument, the notion that having to explain its analysis further might have changed the district court’s mind — even if realistic in Lynn — is simply unrealistic in the present case, and remand for resentencing would be a pointless waste of resources. We therefore hold that even assuming that the district court committed procedural error in failing to sufficiently explain the sentence imposed in light of the § 3553(a) factors, any error was harmless. Cf Neder v. United States, 527 U.S. 1, 18, 119 S.Ct. 1827, 144 L.Ed.2d 35 (1999) (“Reversal for error, regardless of its effect on the judgment, encourages litigants to abuse the judicial process and bestirs the public to ridicule it.” (internal quotation marks omitted)).

IV.

For the foregoing reasons, Boulware’s sentence is affirmed.

AFFIRMED.

1

. Boulware received a two-point reduction for acceptance of responsibility. See U.S.S.G. § 3El.l(a).

2

. We note that some courts have held that there can be no harmless-error review when a district court fails to sufficiently explain its sentence. See, e.g., In re Sealed Case, 527 F.3d 188, 193 (D.C.Cir.2008). We have rejected that approach, however. See United States v. Lynn, 592 F.3d 572, 580 n. 5 (4th Cir.2010).