Beruflich Dokumente
Kultur Dokumente
No. 13-4838
No. 13-4841
Appeals from the United States District Court for the Western
District of Virginia, at Roanoke.
Glen E. Conrad, Chief
District Judge. (7:08-cr-00012-GEC-1; 7:12-cr-00040-GEC-1)
Submitted:
Decided:
PER CURIAM:
In these consolidated appeals, Linda Sue Cheek appeals
her convictions of multiple counts of distribution of controlled
substances
using
Drug
Enforcement
Administration
(DEA)
the
convictions;
twenty-seven-month
and
sentence
the twelve-month
imposed
sentence
for
imposed
these
following
On appeal,
defense
Anders
counsel
has
California,
386
meritorious
issues
filed
U.S.
738
for
brief
(1967),
appeal
pursuant
stating
but
that
questioning
to
there
are
whether
v.
no
the
of
her
intent,
(2)
erred
in
its
relevant
conduct
imposed
procedurally
and
substantively
unreasonable
we affirm.
challenge
to
her
probation
United
We will
Government,
the
conviction
is
supported
by
substantial
evidence.
Cir.
(internal
2010)
quotation
marks
omitted).
Substantial
States
(internal
v.
Green,
quotation
evidentiary
599
marks
sufficiency
F.3d
360,
omitted).
faces
367
(4th
defendant
heavy
Cir.
2010)
challenging
burden.
United
by
this
841(a)(1)
provides
subchapter,
it
shall
that,
be
[e]xcept
unlawful
for
as
any
21 U.S.C. 841(a)(1);
see United States v. Alerre, 430 F.3d 681, 689 (4th Cir. 2005)
(identifying elements of distribution offense).
To dispense is
A practitioner is a physician . .
4
the
United
States
or
the
jurisdiction
in
which
[s]he
21 U.S.C.
802(21) (2012).
as
at
practitioner
the
time
of
the
charged
offenses,
and
Blanton, 730 F.2d 1425, 1429-30 (11th Cir. 1984) (holding that
individuals who lack a valid DEA registration are not authorized
to dispense controlled substances).
Viewing the evidence in the light most favorable to
the Government, we conclude that the district court did not err
in denying Cheeks Rule 29 motion.
called
through
registration
practice.
into
pharmacies
controlled
number
While
prescriptions
substances
outside
Cheek
the
under
usual
contended
that
for
Schedule
III
another
doctors
DEA
course
her
of
professional
actions
were
the
Cir.
2008)
(finding
circumstantial
evidence
sufficient
to
establish intent).
Cheek
next
raises
Guidelines calculations.
findings
for
clear
three
challenges
to
the
courts
error
and
its
legal
conclusions
de
novo.
United States v. Alvarado Perez, 609 F.3d 609, 612 (4th Cir.
2010).
quantity
under
the
Guidelines
by
preponderance
of
the
evidence, United States v. Carter, 300 F.3d 415, 422 (4th Cir.
2002), but the defendant bears the burden to demonstrate that
the
information
inaccurate.
contained
in
the
PSR
is
unreliable
or
Cir. 2004).
Cheek
first
determination.
In
challenges
the
the
context
courts
of
relevant
controlled
conduct
substance
committed,
aided,
abetted,
counseled,
commanded,
or
plan
as
the
offense
of
conviction.
USSG
See Kiulin,
next
appeals
the
courts
application
of
defendant
acted
as
an
organizer,
leader,
manager,
or
participants
3B1.1(c).
and
was
not
otherwise
extensive.
USSG
Steffen, 741 F.3d 411, 414 (4th Cir. 2013) (recognizing that
enhancement
requires
that
defendant
was
manager,
supervisor,
with Dr. Kathleen Schultz, we conclude that the court did not
clearly err in imposing this enhancement.
Cheek also argues that the court improperly applied a
sentencing
enhancement
Guidelines
provide
defendant
willfully
for
for
a
obstruction
two-level
obstructed
or
7
of
justice.
enhancement
impeded,
or
when
The
the
attempted
to
intimidating,
or
witness,
otherwise
or
unlawfully
attempting
to
influencing
do
so,
and
suborning
.
or
Cheek
twenty-seven-month
conducting
challenges
sentence
for
reasonableness
the
her
review,
abuse-of-discretion standard.
reasonableness
new
we
of
convictions.
apply
her
In
deferential
38, 41 (2007).
court
no
committed
improper
significant
calculation
of
the
procedural
Guidelines
error,
range,
including
insufficient
United States
v. Lynn, 592 F.3d 572, 575 (4th Cir. 2010) (internal quotation
marks omitted).
Upon
finding
no
procedural
error,
we
examine
the
The sentence
sentence
is
presumed
reasonable
on
appeal.
United States v. Susi, 674 F.3d 278, 289 (4th Cir. 2012).
The
court
considered
its
properly
calculated
applicability
to
the
Guidelines
Cheek,
finding
range
the
The
and
range
The
sentencing
factors,
before
Guidelines
considerations,
imposing
range.
Cheek
grounded
sentence
fails
to
in
the
substantially
rebut
the
3553(a)
below
presumption
the
of
of
right
to
petition
9
the
Supreme
Court
of
the
contentions
this
Court
are
adequately
and
argument
presented
would
not
in
aid
the
the
materials
decisional
process.
AFFIRMED
10