Professional Documents
Culture Documents
No. 03-4087
No. 03-4217
COUNSEL
Mary Lou Newberger, Federal Public Defender, David R. Bungard,
Assistant Federal Public Defender, Jonathan D. Bryne, Legal
Research and Writing Specialist, Charleston, West Virginia; J. Steven
Hunter, STEVEN HUNTER ASSOCIATES, L.C., Lewisburg, West
Virginia, for Appellants. Kasey Warner, United States Attorney, John
L. File, Assistant United States Attorney, Charleston, West Virginia,
for Appellee.
OPINION
PER CURIAM:
Cruso R. Wallace appeals from his 188-month sentence for conspiracy to distribute crack cocaine, and Guiseppe L. Wallace, Sr.
appeals from his conviction for conspiracy to distribute crack cocaine.
Finding no reversible error, we affirm both defendants convictions
and sentences.
I.
From December 1999 to January 2002, Guiseppe, Sr. and his sons,
Guiseppe L. Wallace, Jr. and Cruso, sold cocaine base in and around
Guiseppes, Sr.s residence. Guiseppe, Jr. and Cruso pled guilty to
conspiracy to distribute cocaine base. Guiseppe, Sr. went to trial,
where Guiseppe, Jr. testified that each of the Wallaces assisted the
others in providing cocaine base to customers and that Guiseppe, Sr.
and Cruso each sold about a gram of cocaine base a day. The jury also
heard recorded conversations of negotiations with the confidential
informant and saw videotapes of drug transactions. In addition, the
confidential informant testified that the Wallaces worked together to
sell cocaine base.
V.
Cruso has also filed a motion to file a supplemental brief, raising
more sentencing issues. After careful consideration, we grant the
motion to file a supplemental brief, but we find that the new issues
raised therein are meritless.
Based on the foregoing, we affirm Guiseppe, Sr.s and Crusos
convictions and sentences. We dispense with oral argument, because
the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.
AFFIRMED