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  • United States v. John O. Rogers, 989 F.2d 496, 4th Cir. (1993)

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    John Rogers appealed his 41-month prison sentence for distributing crack cocaine, arguing that the district court should have departed downward from sentencing guidelines because he was entrapped by a confidential informant into obtaining a large drug quantity. The appellate court affirmed the sentence, noting that it was within guidelines and that the district court's refusal to depart downward is not reviewable. The court also observed that Rogers's entrapment argument had not been recognized and was not supported by the case facts.

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    Filed: 1993-03-23 Precedential Status: Non-Precedential Citations: 989 F.2d 496 Docket: 92-5424

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    John Rogers appealed his 41-month prison sentence for distributing crack cocaine, arguing that the district court should have departed downward from sentencing guidelines because he was entrapped by a confidential informant into obtaining a large drug quantity. The appellate court affirmed the sentence, noting that it was within guidelines and that the district court's refusal to depart downward is not reviewable. The court also observed that Rogers's entrapment argument had not been recognized and was not supported by the case facts.

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    United States v. John O. Rogers, 989 F.2d 496, 4th Cir. (1993)

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    John Rogers appealed his 41-month prison sentence for distributing crack cocaine, arguing that the district court should have departed downward from sentencing guidelines because he was entrapped by a confidential informant into obtaining a large drug quantity. The appellate court affirmed the sentence, noting that it was within guidelines and that the district court's refusal to depart downward is not reviewable. The court also observed that Rogers's entrapment argument had not been recognized and was not supported by the case facts.

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    of 2

    989 F.

    2d 496

    NOTICE: Fourth Circuit I.O.P. 36.6 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    unpublished dispositions is disfavored except for establishing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.
    John O. ROGERS, Defendant-Appellant.
    No. 92-5424.

    United States Court of Appeals,


    Fourth Circuit.
    Submitted: February 25, 1993
    Decided: March 23, 1993

    Appeal from the United States District Court for the Southern District of
    West Virginia, at Charleston. Charles H. Haden, II, Chief District Judge.
    (CR-91-210)
    Jeff Chandler Woods, JACKSON & KELLY, Charleston, West Virginia,
    for Appellant.
    Michael W. Carey, United States Attorney, J. Kirk Brandfass, Assistant
    United States Attorney, Charleston, West Virginia, for Appellee.
    S.D.W.Va.
    AFFIRMED.
    Before HALL and NIEMEYER, Circuit Judges, and CHAPMAN, Senior
    Circuit Judge.
    PER CURIAM:

    OPINION

    John O. Rogers appeals from the district court's order imposing a sentence of
    forty-one months imprisonment, three to five years of supervised release, and a
    mandatory assessment of fifty dollars, after Rogers pleaded guilty to
    distributing crack cocaine. Rogers argues on appeal that the district court erred
    by failing to depart downward from the Federal Sentencing Guidelines when
    imposing sentence, because he was "entrapped" into obtaining a large quantity
    of crack cocaine for the government's confidential informant for the purpose of
    subjecting him to a greater sentence.

    Rogers's sentence was well within the guidelines. The district court's refusal to
    depart downward from the guidelines is not reviewable on appeal.* United
    States v. Davis, 915 F.2d 132 (4th Cir. 1990). We therefore affirm the district
    court. 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

    We also note that Rogers's "sentencing entrapment" argument has not been
    recognized by this Court and is also not supported by the facts of this case. See
    United States v. Calva, 979 F.2d 119 (8th Cir. 1992); United States v. Lenfesty,
    923 F.2d 1293 (8th Cir.), cert. denied, 59 U.S.L.W. 3702 (U.S. 1991)

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