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