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No. 10-4257
Appeal from the United States District Court for the Western
District of North Carolina, at Statesville.
Richard L.
Voorhees, District Judge. (5:08-cr-00027-RLV-DCK-3)
Submitted:
Decided:
PER CURIAM:
David
151-month
Otero-Campos
sentence
after
appeals
pleading
his
guilty
conviction
pursuant
to
and
plea
to
violation
distribute
of
18
cocaine
U.S.C.
841(b)(1)(A) (2006).
and
aiding
(2006),
21
and
abetting,
U.S.C.
in
841(a)(1),
that the district court violated his due process rights when it
enhanced
his
sentence
based
on
evidence
for
court
clear
reviews
error
and
he
asserts
lacked
the
district
its
legal
courts
factual
conclusions
de
United States v. Chacon, 533 F.3d 250, 253 (4th Cir. 2008).
novo.
The
if
this
court
is
left
with
the
definite
396
F.3d
538,
542
(4th
Cir.
and
firm
United States v.
2005)
(quoting
as
to
sentence
after
438 F.3d
437,
the
a
439
courts
traditionally
information
conviction.
(4th
Cir.
they
may
United
2006)
have
been
consider
States
(internal
given
in
v.
wide
passing
Nichols,
quotation
marks
omitted).
court
to
possess
the
fullest
information
possible
Id. at
sentencing
court
may
consider
any
relevant
Manual
(USSG)
6A1.3(a)
U.S. Sentencing
(2008).
See
United
States v. Wilkinson, 590 F.3d 259, 269 (4th Cir. 2010) ([A]
sentencing court may give weight to any relevant information
before it, including uncorroborated hearsay. . . .); see also
United States v. Paulino, 996 F.2d 1541, 1547 (3d Cir. 1993)
([A]
sentencing
judge
may
consider
information,
largely
are
district
this
court
constitutional
court
has
may
limitations
consider,
construed
various
on
the
however.
For
Supreme
Court
Thus, the
sentencing
support
should
its
reviewed
probable
the
information
sufficient
relied
sufficient
indicia
accuracy.
district
indicia
accuracy.
have
court
upon
of
USSG
record
by
the
of
6A1.3(a).
and
conclude
district
reliability
to
reliability
court
support
its
to
We
have
that
the
possessed
probable
contentions
the
court
are
adequately
and
argument
presented
would
not
in
aid
the
the
materials
decisional
process.
AFFIRMED