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United States v. Chavez, 4th Cir. (1999)
United States v. Chavez, 4th Cir. (1999)
United States v. Chavez, 4th Cir. (1999)
No. 98-4511
hold him responsible for conduct which was not charged or proved
and to which he has not pled guilty. The argument is without merit.
Chavez pled guilty to participating in a drug conspiracy and was sentenced for that crime. The type and quantity of drugs is a sentencing
factor which must only be proved by a preponderance of the evidence
to comply with due process requirements. See United States v.
Engleman, 916 F.2d 182, 184 (4th Cir. 1990). In any case, Chavez
admitted distributing the amount of drugs for which he was held
responsible.
We therefore affirm the sentence. 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
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