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United States v. Fabian, 4th Cir. (2007)
United States v. Fabian, 4th Cir. (2007)
United States v. Fabian, 4th Cir. (2007)
No. 05-4094
CRISOSTOMO
FABIAN,
a/k/a
Eduardo
Defendant - Appellant.
Appeal from the United States District Court for the Middle
District of North Carolina, at Durham. N. Carlton Tilley, Jr.,
Chief District Judge. (CR-04-201)
Submitted:
November 8, 2006
Decided:
February 5, 2007
PER CURIAM:
Eduardo
Crisostomo
Fabian
appeals
the
sentence
imposed
Fabians
base
offense
level
at
32.
See
United
States
The
range
of
121-151
months
imprisonment.
On
the
Fabians
assistance.
guideline
range--based
on
Fabians
substantial
5K1.1, p.s.
Fabian argues on appeal that imposition of the two-level
enhancement for possession of a dangerous weapon violated his Sixth
Amendment rights.*
the high end of the guideline range that would have applied before
the
weapons
responsibility
enhancement
was
imposed
reduction
was
granted,
and
the
Fabians
acceptance
of
constitutional
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