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Unpublished
Unpublished
No. 04-4861
Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond.
Robert E. Payne, District
Judge. (CR-03-59)
Submitted:
Decided:
PER CURIAM:
Following a jury trial, Robert Hill was found guilty of
a crack cocaine conspiracy and three substantive drug distribution
counts.
He appeals
his sentence.
First, Hill contends that the evidence was insufficient
to support a finding that he entered into an agreement with others
to distribute crack cocaine.
buyer-seller
relationships.
When
reviewing
United
See id. at
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source
of
supply
for
several
drug
dealers;
that
he
regularly paid for services with crack cocaine; and that several of
Hills customers worked together to sell crack cocaine. While Hill
submits that his relationship with his customers was that of a
seller and buyer, the jury could infer from the ongoing nature of
the sales, and the amount of crack cocaine involved, that a
conspiracy existed.
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United States v. Seeright, 978 F.2d 842, 849 (4th Cir. 1992).
Hill has failed to meet the demanding burden of showing
instructions, and the heavy weight of the evidence showed that Hill
was guilty of crack cocaine distribution offenses.
As such, we
find that he has failed to show any prejudice from the isolated
statements.
Next, Hill apparently argues that his sentence violated
United States v. Booker, 125 S. Ct. 738 (2005).1
In Booker, the
Supreme Court held that Blakely v. Washington, 542 U.S. 296 (2004),
applied
to
the
federal
sentencing
guidelines
and
that
those
Because the record reflects that Hill properly preserved this claim
below, we review it for harmless error.
United States v. Hammoud, 381 F.3d 316, 353 (4th Cir. 2004), the
district court stated that its sentence would not change if the
guidelines were merely advisory.
Hills sentence serves the interest of justice and the ends of the
guidelines.
Court should use the district courts reasons for imposing sentence
to review the sentences reasonableness.
AFFIRMED
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