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United States v. Gaschler, 4th Cir. (2010)
United States v. Gaschler, 4th Cir. (2010)
No. 10-4002
Appeal from the United States District Court for the Northern
District of West Virginia, at Wheeling.
Frederick P. Stamp,
Jr., Senior District Judge. (5:09-cr-00007-FPS-JES-3)
Submitted:
NIEMEYER,
Decided:
Circuit
September 8, 2010
Judges,
and
HAMILTON,
PER CURIAM:
Pursuant to the terms of his written plea agreement,
Donald Gaschler pled guilty to conspiracy to possess with intent
to distribute heroin, in violation of 21 U.S.C. 841(b)(1)(C),
846 (2006) (Count One), and possession of firearms in relation
to
drug
trafficking
offense,
in
violation
to
sentencing,
Gaschler
of
18
U.S.C.
facilitated
the
Governments
As a result, the
Gaschler
failed
to
appear
for
sentencing,
Over defense
months
imprisonment,
consisting
of
fifty-five
months
on
This
Gaschlers
sole
appellate
contention
is
that
the
the
Sentencing
Guidelines
de
621,
omitted).
factual
626
(4th
Cir.
and
review
factual
novo
2010)
(internal
quotation
marks
Government
had
underlying
rational
basis
its
for
conclusion
seeking
to
that
withdraw
the
its
United States v.
Butler,
see
272
F.3d
683,
686
(4th
Cir.
2001);
also
United
States v. Conner, 930 F.2d 1073, 1076 (4th Cir. 1991) (reviewing
for clear error district courts finding that the government did
not
breach
the
plea
agreement
by
failing
to
make
5K1.1
motion).
As
the
district
court
rightly
concluded,
Gaschlers
As we held in David,
Id. at 115.
It is
court did not commit any clear error in its factual findings or
otherwise
err
in
concluding
that
this
conduct
supported
the
F.3d at 686.
For
judgment.
legal
before
these
we
affirm
the
district
courts
contentions
the
reasons,
court
are
adequately
and
argument
presented
would
not
in
aid
the
the
materials
decisional
process.
AFFIRMED