US v. Jermaine Dickerson

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 3:12-cr-00228-1 Copies to all parties and the district court/agency. [999349761].. [13-4323]

Appeal: 13-4323

Doc: 32

Filed: 05/05/2014

Pg: 1 of 4

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 13-4323

UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JERMAINE D. DICKERSON, a/k/a Chris, a/k/a G,
Defendant - Appellant.

Appeal from the United States District Court for the Southern
District of West Virginia, at Huntington.
Robert C. Chambers,
Chief District Judge. (3:12-cr-00228-1)

Submitted:

May 1, 2014

Decided:

May 5, 2014

Before MOTZ and DIAZ, Circuit Judges, and DAVIS, Senior Circuit
Judge.

Affirmed by unpublished per curiam opinion.

Steven Michael Bragg, THE LAW OFFICE OF STEVEN M. BRAGG,
Barboursville, West Virginia, for Appellant.
R. Booth Goodwin
II, United States Attorney, Joseph F. Adams, Assistant United
States Attorney, Huntington, West Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

Appeal: 13-4323

Doc: 32

Filed: 05/05/2014

Pg: 2 of 4

PER CURIAM:
Jermaine
sentence

imposed

distribute
base.

D.

Dickerson

following

heroin

and

his

appeals
guilty

twenty-eight

from

plea

grams

the

to

or

189-month

conspiracy

more

of

to

cocaine

He contends that the district court erred in determining

the quantity of drugs attributable to him and by enhancing his
sentence

based

on

his

leadership

role

in

the

conspiracy.

Finding no clear error, we affirm Dickerson’s sentence.
We review the district court’s determination of drug
amounts attributable to a defendant for clear error.
States

v.

Kellam,

reviewing

the

568

F.3d

district

125,

court’s

147

(4th

factual

Cir.

United

2009).

In

determinations,

this

court must give “due regard to the opportunity of the district
court to judge the credibility of the witnesses.”
v.

Uwaeme,

975

F.2d

1016,

1018

(4th

Cir.

United States

1992)

(internal

quotation marks omitted).
Because there was no specific evidence as to the total
amount of controlled substances involved in the conspiracy, the
court is permitted to “approximate the quantity [of drugs] to be
used

for

sentencing.”

quotation marks omitted).

Uwaeme,

975

F.2d

at

1019

(internal

Such an approximation must be based

on evidence that has “sufficient indicia of reliability.”
at 1021.

2

Id.

Appeal: 13-4323

Doc: 32

Filed: 05/05/2014

Pg: 3 of 4

We have reviewed the evidence presented at trial prior
to Dickerson’s plea and during the evidentiary hearing held for
the purposes of sentencing, and we conclude that the district
court’s extrapolation was based on evidence that has sufficient
indicia of reliability.

We find no clear error in the court’s

determination of the relevant conduct attributable to Dickerson.
Dickerson

also

challenges

the

district

court’s

determination that he had a leadership role in the offense.
contends
buyer

that

and

the

evidence

seller

conspirators.

of

his

relationships

involvement
among

showed

the

merely

alleged

We again review for clear error.

He

co-

United States

v. Thorson, 633 F.3d 312, 317 (4th Cir. 2011).
The
adjustment

Sentencing

where

the

Guidelines

defendant

is

provide
found

to

for
be

a
an

two-level
organizer,

leader, manager, or supervisor in a conspiracy that involves
fewer than five participants.
§ 3B1.1(c).

U.S. Sentencing Guidelines Manual

In finding that Dickerson exercised control over at

least one other participant, see United States v. Rashwan, 328
F.3d 160, 166 (4th Cir. 2003), the district court relied on
evidence
heroin

or

that

Dickerson

crack

cocaine,

where to meet the buyer.

would

arrange

directing

and

witness

prepare
Jonathan

sales

of

McDonald

McDonald would deliver the drugs as

instructed, accept payment from the buyer, and deliver the money
to

Dickerson.

The

district

court
3

also

found

that

Dickerson

Appeal: 13-4323

Doc: 32

Filed: 05/05/2014

Pg: 4 of 4

exercised some control over Tessa Vinson and Robert Pemberton,
arranging for them to complete drug sales at their apartment on
behalf of the conspiracy.
This

evidence

supports

the

district

court’s

determination that Dickerson exercised control over at least one
other participant in the conspiracy.

Accordingly, we uphold the

two-level sentencing enhancement for having a leadership role.
In
sentence.
legal
before

conclusion,

we

affirm

Dickerson’s

189-month

We dispense with oral argument because the facts and

contentions
this

court

are

adequately

and

argument

presented

would

not

in
aid

the
the

materials
decisional

process.
AFFIRMED

4