Professional Documents
Culture Documents
No. 06-4044
Appeal from the United States District Court for the Western
District of North Carolina, at Statesville. Richard L. Voorhees,
District Judge. (5:03-cr-00004-8)
Submitted:
March 7, 2007
Decided:
PER CURIAM:
Roderick Lamar Williams appeals his conviction by jury
and sentence on charges of conspiracy to possess with intent to
distribute at least five kilograms of cocaine and at least fifty
grams or more of cocaine base, in violation of 21 U.S.C. 846
(Count One); possession with intent to distribute at least 500
grams of cocaine and aiding and abetting that possession, in
violation of 21 U.S.C. 841 and 18 U.S.C. 2 (Count Six); and two
counts of possession of a firearm during and in relation to a drug
trafficking crime and aiding and abetting the same, in violation of
18 U.S.C. 924(c)(1) and 2 (Counts Seven and Nine).
The district
concurrently,
statutory assessment.
and
ordered
payment
of
$400
special
- 2 -
a jury trial.1
(2005); United States v. Hughes, 401 F.3d 540, 546-47 (4th Cir.
2005).
After
Booker,
courts
must
calculate
the
appropriate
United
The court
If a court imposes a
sentence outside the guideline range, the district court must state
its reasons for doing so.
the
district
court
made
findings
that
increased
his
in
order
to
appropriately
determine
the
defendants
370; see also United States v. Martinez, 136 F.3d 972, 979 (4th
Cir. 1998) (holding that a sentencing court may enhance defendants
sentence based on its findings of conduct by a preponderance of the
evidence, even where jury acquitted defendant of that conduct).
Under our now advisory sentencing guidelines, these authorized
factual findings would include a finding as to whether "a victim
was killed under circumstances that would constitute murder under
18 U.S.C.A. 1111" which would call for application of the murder
guideline,
USSG
2A1.1
(First
Degree
Murder).
See
USSG
2D1.1(d)(1).
We specifically find that the evidence presented at the
sentencing hearing supported the district courts conclusion, by a
preponderance of the evidence, that Williams was involved in the
drug-related
informant.
homicide
of
Houston,
confidential
government
- 4 -
were
convicted,
Morrison
told
Agent
Ramsey
that
Agent Ramsey
that
Houston
had
informed
on
him
and
discussed
with
that
support
the
conclusion
that
Williams
murdered
- 5 -
This
evidence
fully
supports
the
district
courts
See USSG
for
its
sentencing
decision
and
considered
Williams
sentence
is
reasonable.
See
United
States
v.
Montes-Pineda, 445 F.3d 375, 380 (4th Cir. 2006), petition for
cert. filed,
U.S.L.W.
United States v. Green, 436 F.3d 449, 457 (4th Cir.), cert. denied,
126 S. Ct. 2309 (2006).
In addition, we have reviewed Williams sufficiency of
the evidence claim, and conclude that the claim is without merit.
In evaluating the sufficiency of the evidence supporting a criminal
conviction on direct review, [t]he verdict of the jury must be
sustained if there is substantial evidence, taking the view most
favorable to the Government, to support it.
States, 315 U.S. 60, 80 (1942).
Glasser v. United
- 6 -
reasonable doubt. United States v. Alerre, 430 F.3d 681, 693 (4th
Cir.
2005),
cert.
denied,
126
S.
Ct.
1925
(2006)
(internal
United
Rather, it is
United
where
it
was
prepared,
packaged,
and
distributed.
- 7 -
of North Carolina.
The evidence
and
materials
legal
before
contentions
the
court
are
adequately
and
argument
presented
would
not
in
the
aid
the
decisional process.
AFFIRMED
- 8 -