Professional Documents
Culture Documents
Unpublished
Unpublished
No. 14-4354
Appeal from the United States District Court for the District of
South Carolina, at Greenville.
Henry M. Herlong, Jr., Senior
District Judge. (6:13-cr-00631-HMH-5)
Submitted:
Decided:
Jerome Lee, TAYLOR LEE & ASSOCIATES, LLC, Norcross, Georgia, for
Appellant.
William N. Nettles, United States Attorney, Andrew
B. Moorman, Sr., Assistant United States Attorney, Greenville,
South Carolina, for Appellee.
PER CURIAM:
A
jury
convicted
Nestor
Guerra-Telon
of
conspiracy
to
The
On appeal,
We affirm.
courts
drug
quantity
determination
is
factual
sentencing
quantity
purposes,
attributable
the
to
government
particular
must
prove
defendant
by
the
a
the amount seized does not reflect the scale of the offense, the
court
shall
substance.
approximate
the
quantity
of
the
controlled
United States v.
Powell, 680 F.3d 350, 358-59 (4th Cir. 2012) (internal quotation
marks
omitted).
district
courts
determination
that
at
359.
appropriate
for
A
a
two-level
defendant
mitigating
who
is
less
role
adjustment
culpable
than
is
most
fewer
bad
acts
than
his
co-defendants,
but
whether
the
A defendants role as a
less
organization.
Cir.
1989)
testimony
culpable
than
other
members
of
drug
(internal
permitted
quotation
the
marks
conclusion
that
omitted).
Here,
Guerra-Telon
was
the
not
Therefore, the
we
affirm
Guerra-Telons
sentence.
We
dispense with oral argument because the parties agree that the
facts
and
materials
legal
before
contentions
are
adequately
this
and
argument
Court
presented
would
not
in
the
aid
the
decisional process.
AFFIRMED