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  • United States v. Mason Dewey Hall, 94 F.3d 642, 4th Cir. (1996)

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    This document summarizes a court case from the United States Court of Appeals for the Fourth Circuit regarding Mason Dewey Hall's appeal of his 37-month sentence for conspiracy to possess marijuana with intent to distribute. The court affirmed the district court's finding that Hall transported 180 pounds of marijuana from Texas to Virginia based on the testimony of two witnesses, which the district court found credible, despite conflicting testimony from other witnesses. The appellate court found that the district court did not commit clear error in its factual finding.

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    Filed: 1996-08-19 Precedential Status: Non-Precedential Citations: 94 F.3d 642 Docket: 95-5941

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    This document summarizes a court case from the United States Court of Appeals for the Fourth Circuit regarding Mason Dewey Hall's appeal of his 37-month sentence for conspiracy to possess marijuana with intent to distribute. The court affirmed the district court's finding that Hall transported 180 pounds of marijuana from Texas to Virginia based on the testimony of two witnesses, which the district court found credible, despite conflicting testimony from other witnesses. The appellate court found that the district court did not commit clear error in its factual finding.

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    United States v. Mason Dewey Hall, 94 F.3d 642, 4th Cir. (1996)

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    This document summarizes a court case from the United States Court of Appeals for the Fourth Circuit regarding Mason Dewey Hall's appeal of his 37-month sentence for conspiracy to possess marijuana with intent to distribute. The court affirmed the district court's finding that Hall transported 180 pounds of marijuana from Texas to Virginia based on the testimony of two witnesses, which the district court found credible, despite conflicting testimony from other witnesses. The appellate court found that the district court did not commit clear error in its factual finding.

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    of 3

    94 F.

    3d 642

    NOTICE: Fourth Circuit Local Rule 36(c) states that citation


    of unpublished dispositions is disfavored except for establishing
    res judicata, estoppel, or the law of the case and requires
    service of copies of cited unpublished dispositions of the Fourth
    Circuit.
    UNITED STATES of America, Plaintiff-Appellee,
    v.
    Mason Dewey HALL, Defendant-Appellant.
    No. 95-5941.

    United States Court of Appeals, Fourth Circuit.


    Submitted July 25, 1996.
    Decided Aug. 19, 1996.

    Appeal from the United States District Court for the Middle District of
    North Carolina, at Greensboro. Frank W. Bullock, Jr., Chief District
    Judge. (CR-95-91)
    M.D.N.C.
    AFFIRMED.
    William Carlton Ingram, Jr., FLOYD, ALLEN & JACOBS, L.L.P.,
    Greensboro, North Carolina, for Appellant.
    Walter C. Holton, Jr., United States Attorney, David Bernard Smith,
    Assistant United States Attorney, Greensboro, North Carolina, for
    Appellee.
    Before LUTTIG and MOTZ, Circuit Judges, and PHILLIPS, Senior
    Circuit Judge.

    OPINION
    PER CURIAM

    Mason Dewey Hall pled guilty to conspiracy to possess marijuana with intent to
    distribute, 21 U.S.C.A. 846 (West Supp.1996). He appeals his 37-month
    sentence, alleging that the district court clearly erred in determining that he
    transported 180 pounds of marijuana from Texas to Virginia. United States
    Sentencing Commission, Guidelines Manual 2D1.1 (Nov.1995). We affirm.

    Between 1993 and 1995, Paul Lilly and James Hodges bought marijuana in
    Texas and moved it to Virginia where it was sold. Their suppliers were Jesse
    Baca and Mario A. Zunzunegui. Hall participated by allowing his van to be
    used to transport the marijuana. He made at least two trips to Texas for this
    purpose. Before Hall's presentence report was prepared, the government
    interviewed Zunzunegui and Lilly. Based on the information they provided, the
    probation officer recommended that Hall be held responsible for 180 pounds of
    marijuana which he transported to Virginia in March 1994.

    At Hall's sentencing hearing, Zunzunegui testified that in March 1994 he placed


    200 pounds of marijuana in Hall's van for transportation from El Paso, Texas, to
    Virginia, but that 20 pounds were missing when it was unloaded. James Hodges
    testified that he witnessed the unloading of 205 pounds of marijuana which Hall
    had brought from Texas. Hodges, who was in custody, also said that Hall had
    contacted his wife during the previous week and told her that he wanted
    Hodges to testify that he had transported only 50 pounds of marijuana.

    Paul Lilly testified that Hall transported only 40-50 pounds. However, he
    professed uncertainty about many other events as well as concern that his
    cooperation with the government to that point had earned him a bad reputation
    among his associates. Defendant Hall testified that he had expected to deliver
    200 pounds in March 1994, but that Zunzunegui had only 50 pounds available.

    The district court found the testimony of Hodges and Zunzunegui generally
    consistent and credible; the court deemed Lilly's testimony unreliable and
    implicitly rejected Hall's as well. The court found by a preponderance of the
    evidence that Hall had transported 200 pounds of marijuana. We review the
    district court's factual finding for clear error. United States v. Ricco, 52 F.3d 58,
    62 (4th Cir.), cert. denied, --- U.S. ----, 64 U.S.L.W. 3247 (U.S. Oct. 2, 1995)
    (No. 95-5502). Given the district court's assessment of the credibility of the
    witnesses, its finding was not clearly erroneous.

    We therefore affirm the sentence. We dispense with oral argument because the
    facts and legal contentions are adequately presented in the materials before the
    court and argument would not aid the decisional process.

    AFFIRMED

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