Professional Documents
Culture Documents
No. 14-4720
Appeal from the United States District Court for the Eastern
District of North Carolina, at Raleigh.
James C. Dever III,
Chief District Judge. (5:11-cr-00237-D-1)
Submitted:
Before GREGORY
Circuit Judge.
and
WYNN,
Decided:
Circuit
Judges,
and
May 6, 2015
DAVIS,
Senior
PER CURIAM:
Beverly Allen Baker was convicted by a jury of conspiracy
to
distribute
280
grams
or
more
of
cocaine
base
(crack)
in
After a
with
Wayne
Vick,
Malcolm
Dowdy,
and
Michael
The
court
first
reviews
for
significant
procedural
includes
improperly
Id. at 51.
calculating
the
Procedural
Guidelines
range,
18
U.S.C.
3553(a)
(2012)
factors,
and
failing
to
Id.
defendant
States v.
by
Carter,
preponderance
300
F.3d
415,
2
of
the
425
(4th
evidence.
Cir.
2002).
United
The
Id.
Id.
the
controlled
court
shall
substance.
approximate
U.S.
the
Sentencing
quantity
Guidelines
of
the
Manual
to
her
transactions
with
Wayne
Vick
and
Michael
an
original
sentence
is
vacated
in
its
entirety,
478 F.3d 247, 250 (4th Cir. 2007); see Pepper v. United States,
131 S. Ct. 1229, 1251 (2011).
vacated
in
part
forecloses
or
for
relitigation
limited
of
purpose,
issues
the
expressly
mandate
or
rule
impliedly
States
v.
Susi,
674
F.3d
278,
283
(4th
Cir.
2012)
the
district
court
may
consider
the
issue
de
novo,
the
and
remand
remanded
opinion
for
vacated
resentencing
the
in
sentence
accord
in
with
its
this
Governments
suggested
whether
an
increased
remand.
Id. at 302.
amount
applicable
for
quantities,
Dowdy
was
including
appropriate,
on
we
affirm
the
sentence.
argument
adequately
because
presented
in
the
the
facts
and
materials
legal
before
We
deny
Bakers
We dispense with
contentions
this
court
are
and