Unpublished
Unpublished
Unpublished
No. 07-4646
Appeal from the United States District Court for the Western
District of North Carolina, at Asheville.
Lacy H. Thornburg,
District Judge. (1:06-cr-00165-LHT)
Submitted:
April 3, 2008
Decided:
PER CURIAM:
On
August
7,
2006,
the
grand
jury
for
the
Western
Count One
intent
to
distribute
quantity
of
methamphetamine,
in
violation of 21 U.S.C.A. 841 and 846 (West 2000 & Supp. 2007).
According to the indictment, the conspiracy involved at least 1.5
kilograms of a mixture or substance containing a detectable amount
of methamphetamine. Count Two charged Allman and others with using
a communication facility in committing or causing the acts alleged
in Count One, in violation of 21 U.S.C.A. 843(b) (West 2000).
Finally, Count Three charged Allman with possession of a firearm
during and in relation to a drug trafficking crime, in violation of
18 U.S.C.A. 924(c)(1) (West 2000 & Supp. 2007).
On October 4, 2006, Allman entered into a plea agreement
with the Government.
agreement
methamphetamine
also
(mixture)
specified
that
was
that
known
the
to
or
amount
of
reasonably
foreseeable by the defendant was at least 200 grams but less than
350 grams.
Allman appeared for sentencing on June 18, 2007.
Prior
- 2 -
total
assistance.
offense
level
as
result
of
his
substantial
On appeal,
pro
se
S. Ct. 586, 597 (2007); see also United States v. Pauley, 511 F.3d
468, 473 (4th Cir. 2007).
Id.
Moreover, it
must give due deference to the district courts decision that the
3553(a) factors justify imposing a variant sentence and to its
- 4 -
Even if the
Id. at 474.
procedural
error
in
imposing
Allmans
sentence.
reduced
three
points
pursuant
U.S.S.G.
Allmans
total
offense
level
three
3E1.1,
points
This
in
imprisonment.
an
advisory
guideline
range
of
51-63
months
Therefore, Allmans
- 5 -
Additionally,
reasonable.
Allmans
sentence
was
substantively
Rita
Accordingly,
of
counsel
in
the
district
court.
Ineffective
v. Richardson, 195 F.3d 192, 198 (4th Cir. 1999); United States
v. Gastiaburo, 16 F.3d 582, 590 (4th Cir. 1994).
Because the
We
This court
- 6 -
Counsels
AFFIRMED
- 7 -