Professional Documents
Culture Documents
No. 11-4932
Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte.
Robert J. Conrad,
Jr., Chief District Judge. (3:10-cr-00086-RJC-DSC-1)
Submitted:
Decided:
PER CURIAM:
A jury convicted Ronnie Lee Neely of conspiracy to
distribute and/or possess with intent to distribute cocaine and
cocaine base (Count One), and attempt to possess with intent to
distribute
cocaine
(Count
Two).
The
Government
filed
an
2011).
The
district
court
sentenced
Neely
to
the
On
enhancement
violated
the
Double
Jeopardy
Clause.
Neely
Finding no
error, we affirm.
The gravamen of Neelys appeal is that the use of his
prior
conviction,
trafficking
crack
2005
conviction
cocaine,
to
in
subject
South
him
to
Carolina
an
for
enhanced
Clause.
Neely
was
subject
to
ten-year
mandatory
the
Government
filed,
Neelys
In light of the
mandatory
minimum
Neely
the
prior
conviction
to
enhance
his
sentence
amounts
to
crime
from
enhancing
the
a
overt
sentence
acts
for
that
support
conspiracy
it,
because
and
of
115
purpose
of
F.3d
1151,
1158
the
mandatory
(4th
Cir.
minimum
1997)
([B]ecause
enhancement
is
to
the
target
drug-related
activity
is
final
rather
than
when
the
which
Neely
was
convicted
continued
well
after
his
2005
619, 635 (1993); United States v. Sutton, 961 F.2d 476, 479 (4th
Cir. 1992).
event,
there
is
no
double
jeopardy
violation
when
In
two
an
Heath
474
v.
Alabama,
individual
U.S.
82,
4
for
89
the
(1985)
same
offense.
(applying
See
separate
We
court
are
adequately
and
argument
presented
will
not
in
aid
the
the
material
decisional
process.
AFFIRMED