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United States v. Deal, 4th Cir. (2009)
United States v. Deal, 4th Cir. (2009)
No. 08-5031
Appeal from the United States District Court for the Western
District of North Carolina, at Statesville.
Richard L.
Voorhees, District Judge. (5:06-cr-00044-RLV-CH-11)
Submitted:
Decided:
November 6, 2009
S. WEIDNER, JR.,
Edward R. Ryan,
Assistant United
Appellee.
PER CURIAM:
Randy Leon Deal was indicted, along with others, in a
twenty-four
count
indictment.
Count
One
charged
Deal
with
of
and
21
Four
distribute
at
U.S.C.
charged
least
841(b)(1)(A),
Deal
fifty
with
grams
846
(2006).
possession
of
with
mixture
and
Counts
intent
to
substance
At the conclusion
The
sentencing
court
held
him
for
more
court
erred
in
denying
sentence
reduction
under
the
Finding no error,
we affirm.
Deal first claims that the wording in the indictment
of at least an enumerated quantity of methamphetamine, or a
substance
containing
detectable
amount
of
methamphetamine,
sentencing.
form
listing
an
enumerated
quantity
or
more
of
subjected
indictment
him
permitted,
in
to
greater
contravention
punishment
of
United
than
the
States
v.
Collins, 415 F.3d 304, 312-13 (4th Cir. 2005), and Apprendi v.
New Jersey, 530 U.S. 466 (2000).
Deals argument is without merit.
Deal essentially
verdict form.
grams
or
more
as
presented
in
the
jury
and
the
district
court
permissibly
found,
1.5
kilograms
of
methamphetamine.
See
United
States
v.
specific
statutory
threshold
drug
quantity
F.3d
entitled
549,
to
preponderance
562
find
of
(4th Cir.)
(noting
individualized
evidence
as
part
sentencing
drug
of
its
court
is
quantities
by
calculation
of
an
A district
1997).
only
if
this
court
is
left
with
the
definite
Stevenson,
396
F.3d
538,
542
(4th
Cir.
and
firm
United States
2005)
(quoting
We have
reviewed the record and conclude that the district court did not
clearly err in finding that Deal did not qualify for the safety
valve provision because he was not truthful concerning his role
in the offense.
Accordingly, we affirm the judgment of the district
court.
AFFIRMED
4