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    United States v. Robin Slater, 4th Cir. (2014)

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    Robin Slater pleaded guilty to conspiracy to distribute marijuana, possession of firearms in furtherance of drug trafficking, possession of firearms by a felon, and obstruction of justice. He was sentenced to a total of 420 months in prison. On appeal, Slater challenged the district court's calculation of drug quantity and application of a sentencing enhancement for possession of eight firearms. The appellate court affirmed, finding that the district court did not err in estimating drug quantity based on the conspiracy and applying a sentencing enhancement for possession of eight firearms.

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    United States v. Robin Slater, 4th Cir. (2014)

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    Robin Slater pleaded guilty to conspiracy to distribute marijuana, possession of firearms in furtherance of drug trafficking, possession of firearms by a felon, and obstruction of justice. He was sentenced to a total of 420 months in prison. On appeal, Slater challenged the district court's calculation of drug quantity and application of a sentencing enhancement for possession of eight firearms. The appellate court affirmed, finding that the district court did not err in estimating drug quantity based on the conspiracy and applying a sentencing enhancement for possession of eight firearms.

    Original Description:

    Filed: 2014-07-08 Precedential Status: Non-Precedential Docket: 13-4885

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    Robin Slater pleaded guilty to conspiracy to distribute marijuana, possession of firearms in furtherance of drug trafficking, possession of firearms by a felon, and obstruction of justice. He was sentenced to a total of 420 months in prison. On appeal, Slater challenged the district court's calculation of drug quantity and application of a sentencing enhancement for possession of eight firearms. The appellate court affirmed, finding that the district court did not err in estimating drug quantity based on the conspiracy and applying a sentencing enhancement for possession of eight firearms.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Download as pdf
    101 views4 pages

    United States v. Robin Slater, 4th Cir. (2014)

    Uploaded by

    Scribd Government Docs
    Robin Slater pleaded guilty to conspiracy to distribute marijuana, possession of firearms in furtherance of drug trafficking, possession of firearms by a felon, and obstruction of justice. He was sentenced to a total of 420 months in prison. On appeal, Slater challenged the district court's calculation of drug quantity and application of a sentencing enhancement for possession of eight firearms. The appellate court affirmed, finding that the district court did not err in estimating drug quantity based on the conspiracy and applying a sentencing enhancement for possession of eight firearms.

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    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 13-4885

    UNITED STATES OF AMERICA,


    Plaintiff Appellee,
    v.
    ROBIN EARL SLATER,
    Defendant - Appellant.

    Appeal from the United States District Court for the Southern
    District of West Virginia, at Huntington.
    Robert C. Chambers,
    Chief District Judge. (3:12-cr-00121-1)

    Submitted:

    June 30, 2014

    Decided:

    July 8, 2014

    Before WILKINSON, MOTZ, and AGEE, Circuit Judges.

    Affirmed by unpublished per curiam opinion.

    Troy N. Giatras, THE GIATRAS LAW FIRM, PLLC, Charleston, West


    Virginia, for Appellant. R. Booth Goodwin II, United States
    Attorney, Meredith George Thomas, Assistant United States
    Attorney, Charleston, West Virginia, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Robin

    Earl

    Slater

    pleaded

    guilty

    to

    conspiracy

    to

    distribute more than 100 kilograms of marijuana, in violation of


    21 U.S.C. 846 (2012); possession of firearms in furtherance of
    a drug trafficking offense, in violation of 18 U.S.C. 924(c)
    (2012); possession of firearms by a felon, in violation of 18
    U.S.C. 922(g) (2012); and obstruction of justice, in violation
    of 18 U.S.C.A. 1512(b)(3) (West Supp. 2014).

    The district

    court sentenced Slater to a total of 420 months of imprisonment


    and he now appeals.
    On

    Finding no error, we affirm.

    appeal,

    Slater

    challenges

    the

    district

    courts

    calculation of the drug weight and application of an enhancement


    under the Sentencing Guidelines for Slaters possession of eight
    firearms during the offenses.
    calculations

    under

    the

    In reviewing the district courts

    Guidelines,

    we

    review

    the

    district

    courts legal conclusions de novo and its factual findings for


    clear error.

    United States v. Manigan, 592 F.3d 621, 626 (4th

    Cir. 2010) (internal quotation marks and citation omitted).

    We

    will find clear error only if, on the entire evidence, we are
    left with the definite and firm conviction that a mistake has
    been committed.

    Manigan, 592 F.3d at 631 (internal quotation

    marks and citation omitted).


    Moreover,

    the

    government

    need

    only

    establish

    the

    amount of drugs involved by a preponderance of the evidence.


    2

    United States v. Brooks, 524 F.3d 549, 560 n.20, 562 (4th Cir.
    2008).

    [W]here there is no drug seizure or the amount of drugs

    seized does not reflect the scale of the offense, the court
    shall
    United

    approximate
    States

    v.

    the

    quantity

    DAnjou,

    16

    of
    F.3d

    (internal quotation marks omitted).


    court

    broad

    discretion

    as

    making its calculations.


    604

    (4th

    Cir.

    1996)

    to

    what

    the

    controlled

    604,

    614

    substance.

    (4th

    Cir.

    1994)

    We will afford the district


    information

    to

    credit

    in

    United States v. Cook, 76 F.3d 596,

    (internal

    quotation

    marks

    and

    citation

    omitted).
    Finally,

    pursuant

    to

    the

    Sentencing

    Guidelines,

    district court shall increase the offense level applicable to


    the offense of unlawful possession of firearms by two levels if
    the defendant possessed between three and seven firearms, and by
    four

    levels

    twenty-four

    if

    the

    firearms.

    defendant
    USSG

    possessed

    between

    2K2.1(b)(1)(A),

    (B).

    eight
    We

    and
    have

    thoroughly reviewed the record and conclude that the district


    court did not err in calculating the advisory Guidelines range.
    The court reasonably estimated the amount of drugs attributable
    to

    Slater

    over

    the

    course

    of

    the

    conspiracy

    and

    correctly

    enhanced the offense level for the firearm offense for Slaters
    possession of eight firearms.
    Accordingly, we affirm the judgment of the district
    court.

    We dispense with oral argument because the facts and


    3

    legal

    contentions

    are

    adequately

    presented

    in

    the

    materials

    before this court and argument would not aid in the decisional
    process.
    AFFIRMED

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