US v. Dwayne Anderson


UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 1:06-cr-00020-IMK-8 Copies to all parties and the district court/agency. [998478883] [09-4809]

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US v. Dwayne Anderson Doc. 0 Case: 09-4809 Document: 63 Date Filed: 12/06/2010 Page: 1 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-4809 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. DWAYNE ANDERSON, a/k/a Dewayne Anderson, Defendant Appellant. Appeal from the United States District Court for the Northern District of West Virginia, at Clarksburg. Irene M. Keeley, District Judge. (1:06-cr-00020-IMK-8) Submitted: October 22, 2010 Decided: December 6, 2010 Before WILKINSON, SHEDD, and DAVIS, Circuit Judges. Affirmed by unpublished per curiam opinion. John J. Pizzuti, MCCAMIC, SACCO, PIZZUTI & MCCOID, PLLC, Wheeling, West Virginia, for Appellant. Betsy C. Jividen, Acting United States Attorney, Zelda E. Wesley, Assistant United States Attorney, Clarksburg, West Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. Case: 09-4809 Document: 63 Date Filed: 12/06/2010 Page: 2 PER CURIAM: Dwayne imprisonment after Anderson a jury was found sentenced him guilty to of 292 months' to conspiracy possess with intent to distribute and distribute in excess of fifty grams of cocaine base, in violation of 21 U.S.C. 846 (2006) and (Count aiding One), and and distribution in of 1.73 of 841, of grams 21 cocaine abetting, violation U.S.C. 841(a)(1) and 18 U.S.C. 2 (2006) (Count Thirteen). filed a timely appeal, challenging the sufficiency Anderson of the evidence supporting the convictions. concluded that sufficient In our prior decision, we supported Anderson's We evidence conviction on Count Thirteen, but not as to Count One. affirmed Anderson's conviction on Count Thirteen, reversed his conviction on Count One, and remanded. United States v. Anderson, 282 F. App'x 255 (4th Cir. 2008) (No. 07-4303). On from the remand, the district court adopted its findings earlier sentencing proceeding regarding Anderson's relevant conduct and criminal history and sentenced Anderson to 188 months' imprisonment. Anderson again appeals, contending that the district court made numerous errors in his resentencing -- including failing to order a new Presentence Report and using acquitted conduct in determining his relevant conduct -- and abused its discretion by denying his recusal motion. 2 Case: 09-4809 Document: 63 Date Filed: 12/06/2010 Page: 3 We have thoroughly examined the record and find Anderson's contentions to be without merit. affirm his sentence. facts and legal before Accordingly, we We dispense with oral argument because the are and adequately argument presented not in aid the the contentions the court materials would decisional process. AFFIRMED 3

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