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No. 08-5045
Appeal from the United States District Court for the Eastern
District of North Carolina, at Wilmington. James C. Dever III,
District Judge. (7:06-cr-00044-D-1)
Submitted:
May 7, 2010
Decided:
GREGORY,
Circuit
Judges,
and
HAMILTON,
PER CURIAM:
Pursuant
to
written
plea
agreement,
Terron
offense,
in
violation
of
18
U.S.C.
924(c)(1)
California,
U.S.
there
are
386
no
738
meritorious
(1967),
issues
stating
for
that,
appeal,
in
but
his
view,
raising
the
the
guideline
district
range,
court
and
properly
whether
the
calculated
court
the
advisory
in
upwardly
erred
and
by
to
whether
arguing
in
the
for
plea
the
a
government
higher
violated
guideline
agreement,
and
range
whether
the
plea
than
that
there
was
Finding
grams
presented
of
crack
witnesses
cocaine.
who
At
sentencing,
testified
that
the
McAllister
Government
directed
Upon questioning
providing
security
for
him.
The
district
court
recompute
the
advisory
guideline
range
taking
this
drug
additional
evidence
in
rebuttal.
At
the
reconvened
and
obstructed
justice.
The
court
adopted
the
redetermined
advisory
guideline
range
and
sentenced
The district
plea
knowingly
and
voluntarily
and
949
F.2d
114,
116,
119-20
that
the
plea
was
Cir.
1991).
of
this.
Accordingly,
F.3d
address
233,
239
[claims
of
(4th
Cir.
that
issue
is
not
properly
ineffective
(holding
assistance]
that
on
court
direct
will
appeal
asserts
the
agreement
breached
McAllister
plea
that
the
or
Government
engaged
in
may
have
prosecutorial
on
McAllisters
eligibility
for
the
three-level
gang
in
prison
to
threaten
and
assault
two
cooperating
this
finding
and
therefore,
the
Governments
change
of
also
questions
the
sufficiency
of
the
him
to
McAllisters
present
evidence
rebuttal
proffer
proffered
of
by
evidence.
evidence
and,
McAllister,
The
even
the
court
accepted
considering
court
found
the
that
to
assault
and
threaten
cooperating
witnesses.
McAllister
contends
that
the
guideline
However,
after
an
evidentiary
hearing
at
(127.58
received
security.
supports
from
grams)
of
cocaine
Perez
as
payment
per
for
month
that
McAllister
McAllister
providing
quantity,
and
therefore
clearly erroneous.
6
this
finding
is
not
McAllister
contends
that
the
criminal
history
was
criminal
history
point
for
his
driving
while
license
See
findings
enhancements.
also
in
challenges
support
of
the
the
district
obstruction
of
courts
justice
See United
States v. Layton, 564 F.3d 330, 334 (4th Cir. 2009) (affording
great deference to district courts credibility determinations)
(quoting United States v. Feurtado, 191 F.3d 420, 424 n.2 (4th
Cir. 1999)).
In
the
Anders
brief,
counsel
also
addresses
the
that
perjury.
We
McAllister
review
for
obstructed
clear
7
justice
error
and
district
committed
courts
determination
that
defendant
obstructed
justice.
United
Here, the
Also,
ordinarily
an
enhancement
indicates
responsibility
for
that
his
for
defendant
criminal
has
of
not
conduct,
justice
accepted
except
in
We find this is
McAllisters
offense
level
under
USSG
5K2.0(a)(1)
and
and
extent
of
physical
injury.
Notably,
a visible scar over his eye following one attack, and McAllister
repeatedly
perjured
himself
during
the
sentencing
hearing.
help[ed]
serious
put
into
injury
or
motion
death
and
chain
of
because
events
the
that
defendant
another
as
result
of
his
actions);
United
States
v.
Ventura, 146 F.3d 91, 97-98 (2d Cir. 1998) (justifying departure
based
on
multiple,
States v.
Furkin,
unrelated
119
F.3d
acts
1276,
of
obstruction);
1283-85
(7th
United
Cir.
1997)
we
find
that
McAllisters
sentence
was
abuse-of-discretion standard.
reasonableness of a sentence.
Id.
court
McAllisters
correctly
determined
guideline
range,
the
arguments
presented
by
the
Additionally,
appropriately
reasons
for
provided
the
we
an
sentence
find
that
individualized
and
for
the
the
parties,
and
explanation
departures
court
of
the
above
the
consecutive
924(c).
180
months
sentence
on
on
the
the
drug
firearms
charge
charge.
and
See
60-month
18
U.S.C.
We dispense
with oral argument because the facts and legal contentions are
adequately
presented
in
the
materials
before
the
court
and
10