Professional Documents
Culture Documents
No. 14-4155
Appeal from the United States District Court for the Northern
District of West Virginia, at Elkins.
John Preston Bailey,
Chief District Judge. (2:13-cr-00034-JPB-JSK-5)
Submitted:
KEENAN,
Decided:
Circuit
Judges,
and
DAVIS,
Senior
PER CURIAM:
Eric
Scott
pseudoephedrine
Pennington
to
be
pled
used
guilty
in
to
the
possession
manufacture
of
of
raises
sentence.
several
objections
to
his
conviction
and
We affirm.
Pennington
first
argues
that
the
magistrate
judge
United
have
accepting
Pennington
ordered
the
disabilities.
competency
guilty
A
argues
plea
district
due
court
that
the
hearing
to
is
magistrate
sua
sponte
Penningtons
required
to
judge
before
mental
order
extent
consequences
that
of
he
the
is
unable
to
proceedings
understand
against
him
the
or
nature
to
and
assist
We have
263,
omitted).
291
(4th
Cir.
2010)
(internal
quotation
marks
did
not
abuse
his
discretion
in
declining
to
order
The Government
Pennington
challenges
the
district
courts
substantial
risk
of
harm
to
3
human
life.
U.S.
Sentencing
Guidelines
Manual
(USSG)
2D1.1(b)(13)(C)(ii)
(2013).
our
was
review
of
the
uncontested
record
at
the
convinces
time
of
us
the
that
the
sentencing
hearing and that the district court was not obligated to mention
it
when
summarily
32(i)(3)(A).
adopting
the
presentence
report.
See
id.
appeal, the district court did not plainly err in imposing the
substantial risk enhancement in light of Penningtons relevant
conduct. *
Gall
v.
United
States,
552
U.S.
38,
51
(2007)
court
are
adequately
and
argument
presented
would
not
in
aid
the
the
materials
decisional
process.
AFFIRMED