Professional Documents
Culture Documents
Unpublished
Unpublished
No. 06-4875
Appeal from the United States District Court for the Western
District of Virginia, at Abingdon. James P. Jones, Chief District
Judge. (1:04-cr-00032-jpj)
Submitted:
May 2, 2007
Decided:
PER CURIAM:
Donald Ray Young (Young) and his wife, Teresa Young, were
originally charged in a six count indictment with various drug and
weapons charges.
The
Pursuant to
Her agreement
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Young then
purchasing
drugs
from
Larry
Smith.
However,
on
cross-
from the plea hearing that Young did not sell drugs in 2000 and
2001.
Mrs. Young also testified that Larry Smith was a source for
her husbands drugs, that her husband began selling in 2000, that
she was afraid of her husband because he had put a gun to her head
on a prior occasion for dipping into his drugs and money, and that
a Smith and Wesson nine millimeter never left his side.
Mrs. Young
also testified that she started selling drugs in 2002 when Young
gave her an ultimatum to either help in the sales or leave the
home.
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Young timely
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facts in both Mr. and Mrs. Youngs cases, and it was not required
to base Youngs sentence on the Governments stipulation as to drug
weight attributable to Mrs. Young.
did
not
err
in
sentencing
Mr.
Mrs.
Young
to
different
sentences.
Young next claims that his sentence was unreasonable.
Young raises two separate grounds for this argument.
First, Young
However, this
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have been sentenced to one day on the drug count because the five
year sentence he received on the firearms count was onerous given
the facts of his case.
that Young never let a 9 millimeter Smith and Wesson out of his
sight, and Young threatened his wife with a 9 millimeter handgun
for dipping into his drugs and cash.
judgment.
AFFIRMED
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