Escolar Documentos
Profissional Documentos
Cultura Documentos
No. 12-4222
Appeal from the United States District Court for the Eastern
District of North Carolina, at Wilmington. James C. Fox, Senior
District Judge. (7:07-cr-00036-F-1)
Submitted:
November 7, 2012
Decided:
PER CURIAM:
Darius
Lamont
Galloway
was
convicted
by
jury
of
(Count
One);
possession
of
firearm
by
felon,
in
In Galloways prior
F.3d
237
(4th
Cir.
2011)
(en
banc).
United
States
v.
Galloway, 459 F. Appx 232 (4th Cir. 2011) (No. 09-4843), cert.
denied, 132 S. Ct. 2699 (2012).
On
remand,
the
district
court
held
Galloway
months
amended
imprisonment
sentence
of
170
on
Count
months
Three,
yielding
imprisonment.
On
total
appeal,
conduct
in
determining
2
the
drug
quantities
attributable
to
him
for
sentencing
purposes.
In
addition,
quantities
for
purposes
of
relevant
conduct
by
Gall
In determining the
Gall, 552
U.S. at 51.
We reject Galloways argument that the district court
erroneously
considered
acquitted
conduct
in
determining
his
scheme
Sentencing
United
or
plan
Guidelines
States
v.
as
the
Manual
Hayes,
322
offense
of
(USSG)
F.3d
792,
conviction.
1B1.3(a)(2)
802
(4th
U.S.
(2011);
Cir.
2003)
is
not
bound
determining
by
drug
the
evidence
quantity
or
presented
other
at
relevant
trial
conduct,
when
United
States v. Young, 609 F.3d 348, 357 (4th Cir. 2010), and may
consider acquitted conduct in establishing drug amounts for the
purpose of sentencing, so long as the amounts are established by
a preponderance of the evidence.
the
drug
quantities
attributed
to
him
by
sentencing
Fullilove,
occurs
purposes
388
when,
F.3d
for
104,
although
106
there
clear
(4th
is
error.
Cir.
United
2004).
evidence
to
States
Clear
support
v.
error
it,
the
United
States v. Harvey, 532 F.3d 326, 336 (4th Cir. 2008) (citation
and
internal
quotation
marks
omitted).
In
calculating
drug
to
any
uncorroborated
sufficient
relevant
hearsay,
indicia
of
information
provided
reliability
that
to
before
the
support
it,
including
information
its
has
accuracy.
United States v. Wilkinson, 590 F.3d 259, 269 (4th Cir. 2010).
Our
review
of
the
record
confirms
4
that
the
Government
We
court
are
adequately
and
argument
presented
would
not
in
aid
the
the
materials
decisional
process.
AFFIRMED