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No. 11-5203
Appeal from the United States District Court for the Southern
District of West Virginia, at Beckley.
Irene C. Berger,
District Judge. (5:10-cr-00083-1)
Submitted:
Decided:
PER CURIAM:
Charles Stephen Cadle pled guilty to an information
charging
him
with
aiding
and
abetting
the
distribution
of
Cadle
Cadle contends on
appeal that the district court clearly erred in finding that his
role in the offense was that of an organizer, leader, manager,
or
supervisor
warranting
two-level
adjustment
his
sentence
unreasonable.
was
procedurally
under
U.S.
He also claims
and
substantively
first
time,
Cadle
told
the
informant
that
his
daughter,
She
then handed the drugs to the informant and took the money.
On
the next two occasions, the informant went to Cadles house and
bought
oxycodone
from
Chrystal
2
each
time.
After
search
warrant
was
executed
at
Cadles
home
in
October
2009,
and
statement
prescription
to
investigators.
medications
from
other
He
people
to
give
and
he
resold
bought
them,
said
statement,
but
in
Chrystal initially
2011
she
spoke
to
investigators and told them that she had sold oxycodone for her
father, and for Kenneth Cline, for about a year.
district
courts
determination
that
defendant
if
he
was
an
organizer,
leader,
manager,
or
more
participants
3B1.1(c).
have
been
and
was
not
otherwise
extensive.
USSG
organizer,
leader,
manager
or
supervisor
of
people.
2002).
Leadership
over
only
one
other
participant
is
United
Here,
Cadle
contends
that
the
evidence
showed
only
On
this evidence, the district court did not clearly err in finding
that the aggravated role adjustment was appropriate.
Cadle
next
maintains
that
the
district
court
that
his
within-Guidelines
sentence
was
substantively
See Gall v.
United
of
Cadle
States,
does
not
552
U.S.
address
38,
the
51
(2007)
waiver
(standard
provision
in
review).
his
plea
agreement.
United States v.
Generally, a
Id.
was
within
or
below
the
Guidelines
range.
Cadle
validity of