Professional Documents
Culture Documents
No. 12-4541
Appeal from the United States District Court for the Eastern
District of North Carolina, at Wilmington. Louise W. Flanagan,
District Judge. (7:11-cr-00124-FL-3)
Submitted:
Decided:
June 7, 2013
PER CURIAM:
Jamie
Gonzalez-Lopez
appeals
his
135-month
sentence
21
U.S.C.
841(a)(1),
846
(2006).
At
sentencing,
the
was
responsible
for
5.5
kilograms
for
witness,
leader,
and
obstruction
two-level
responsibility,
of
justice
enhancement
for
reduction
Gonzalez-Lopezs
total
cocaine,
After a two-level
by
being
three-level
of
intimidating
an
for
offense
organizer
acceptance
level
was
a
or
of
33.
The court
Gonzalez-Lopez
asserts
applying
that
the
district
court
erred
in
both
enhancements.
We review a sentence for procedural and substantive
reasonableness, applying an abuse of discretion standard.
v. United States, 552 U.S. 38, 41 (2007).
Gall
In determining the
3553(a)
(2006)
factors,
2
analyzed
any
arguments
presented
by
the
selected sentence.
parties,
and
sufficiently
explained
the
In considering the
review[s]
factual
conclusions de novo.
findings
for
clear
error
and
legal
two-level
increase
to
defendants
base
offense
fewer
Guidelines
Manual
than
five
(USSG)
participants.
3B1.1(c)
U.S.
(2011).
Sentencing
The
adjustment
or
more
participants.
USSG
3B1.1,
cmt.
n.2.
If
evidence,
connection
offense.
with
the
or
otherwise
investigation
obstructed
or
justice
prosecution
of
in
the
USSG 2D1.1(b)(14)(D).
We have reviewed the record and the arguments of the
parties and conclude that the district court did not clearly err
in finding that both enhancements should apply.
affirm.
legal
Accordingly, we
contentions
are
adequately
3
presented
in
the
materials
before
this
court
and
argument
would
not
aid
the
decisional
process.
AFFIRMED