Beruflich Dokumente
Kultur Dokumente
No. 13-4889
Appeal from the United States District Court for the Western
District of Virginia, at Abingdon.
James P. Jones, District
Judge. (1:13-cr-00001-JPJ-PMS-2)
Submitted:
Decided:
PER CURIAM:
Without
the
benefit
of
written
plea
agreement,
(b)(1)(C)
(2012)
and
18
U.S.C.
(2012),
and
of
U.S.C. 2.
to
21
U.S.C.
841(a)(1),
(b)(1)(D)
(2012)
and
18
seventy-eight
contends
that
months
the
imprisonment.
district
court
On
appeal,
Mitchell
procedurally
erred
in
We affirm.
The
2012,
record
Mitchell
and
establishes
her
that,
co-defendant
beginning
and
in
September
roommate,
Gary
Lee
one
On
and
December
marijuana
to
14,
2012,
Mitchell,
Howell
who
was
brought
in
the
of
marijuana
to
confidential
informant.
approximately
ten
pounds
grams of methamphetamine.
of
marijuana
and
340.2
At
sentencing,
Mitchell
objected
to
the
probation
the
involvement
objection,
of
finding
these
two
that,
given
parties[,]
it
the
degree
of
was
reasonably
guideline,
defendant
is
accountable
for
all
Sentencing
(2012).
The
attributable
evidence.
2011).
to
Guidelines
Manual
Government
must
the
defendant
(USSG)
prove
by
1B1.3
the
drug
preponderance
cmt.
n.2
quantity
of
the
339, 342 (4th Cir. 2013), cert. denied, 134 S. Ct. 1528 (2014);
see also United States v. Alvarado Perez, 609 F.3d 609, 612 (4th
Cir. 2010) (explaining that, when assessing a challenge to the
district
courts
application
of
the
Guidelines,
this
court
discern
no
clear
error
in
the
district
courts
the
night
that
he
couriered
drugs
to
Mitchell
for
the
both
in
furtherance
of
their
mutual
objective
of
court
committed
reversible
error
by
citing
to
our
district
court
also
identified
and
applied
the
these
reasons,
we
affirm
the
district
courts
legal
before
contentions
this
court
are
adequately
and
argument
presented
would
not
in
aid
the
the
materials
decisional
process.
AFFIRMED