Professional Documents
Culture Documents
No. 13-4656
Appeal from the United States District Court for the Eastern
District of North Carolina, at Greenville.
Terrence W. Boyle,
District Judge. (4:12-cr-00084-BO-2)
Submitted:
July 8, 2014
Decided:
PER CURIAM:
Eric Dion Latham was convicted by a jury of conspiracy
to
distribute
crack
cocaine
(Count
One),
in
violation
of
21
district
court
sentence
of
240
followed
by
sentenced
months
on
consecutive
Latham
Counts
to
One,
60-month
downward
Three,
sentence
Five,
on
variant
and
Count
Six
Four.
We
affirm.
Latham asserts that the evidence did not support his
convictions on Counts One, Four, Five, and Six.
We review de
States
v.
Jaensch,
665
2
F.3d
83,
93
(4th
Cir.
2011)
(1) an agreement
drug
conspiracy;
law;
and
(2)
(3)
the
the
defendants
defendants
knowledge
knowing
and
of
the
voluntary
the
conspiracy
understanding
that
it
is
unlawful
and
United States v.
Lathams
co-conspirators
informed
confidential
informant
to do so.
proof diverges to some degree from the indictment but does not
change
the
occurs.
crime
charged
in
the
indictment,
mere
variance
(4th Cir.), cert. denied, 133 S. Ct. 2747 (2013); see United
States v. Randall, 171 F.3d 195, 203 (4th Cir. 1999).
The
at
conspiracy
but
trial
merely
did
not
narrowed
alter
the
the
time
crime
frame
charged
of
the
in
the
advanced,
or
helped
forward
drug
trafficking
(internal
quotation
marks
omitted).
defendant
is
Burgos,
An active
Rosemond v. United
Count
firearm
Four.
took
The
place
conversation
during
the
regarding
drug
sale,
the
after
sale
of
which
the
Latham
United
States
2011).
v.
Claude
X,
648
F.3d
599,
603-04
(8th
Cir.
as
well[,]
the
firearm
facilitates
the
drug
support
conviction
for
being
felon
in
commerce,
or
because
foreign
the
commerce
firearm
at
some
had
point
travelled
during
in
its
disputes
conclude
that
that
there
he
possessed
was
the
sufficient
firearms
evidence
at
to
Although
issue,
support
we
the
Lawing, 703 F.3d 229, 240 (4th Cir. 2012) (discussing possession
element of offense), cert. denied, 133 S. Ct. 1851 (2013).
Latham
next
challenges
the
district
courts
[T]he
F.3d
401,
410-11
(4th
Cir.
2012);
see
United
States
v.
Passaro, 577 F.3d 207, 221 (4th Cir. 2009) (discussing standard
in reviewing refusal to give proffered instruction).
We hold
that the district court did not abuse its discretion in refusing
Lathams
proffered
knowing
instruction
because
conviction
instructed
the
jury
that
it
must
find
Latham
actively
or
the
jury
with
instructions
6
regarding
an
entrapment
defense.
a
criminal
defendant[s]
[requested]
jury
instruction
on
entrapment.
Cir.
The
2006).
defendant
does
evidence
of
district
not
produce
entrapment,
instruction.
court
is
more
than
the
the
a
court
gatekeeper;
mere
need
if
scintilla
not
give
the
of
the
at
334
States v.
(discussing
Daniel,
inducement).
F.3d
elements
775,
778
of
(4th
entrapment);
Cir.
1993)
United
(defining
Thus, Latham is
for
standard.
first
applying
an
abuse-of-discretion
review
sentence
reasonableness,
We review a
is
for
free
reasonableness.
significant
from
Id.
such
procedural
error,
then
error
consider
and,
if
We
the
substantive
challenges
his
status
as
career
offender.
210, 223 (4th Cir. 2008); see U.S. Sentencing Guidelines Manual
(USSG)
4B1.1(a)
(2012)
(setting
forth
what
qualifies
for
attempted
criminal
sale
of
controlled
purposes
of
the
career
offender
Guideline.
The
conduct
prior
to
April
3,
2012.
Accordingly,
the
district
court
we
conclude
substantively reasonable.
that
Lathams
sentence
is
United States v.
Susi, 674 F.3d 278, 289 (4th Cir. 2012); see Gall, 552 U.S. at
51 (defining substantive reasonableness).
rebutted
only
if
the
defendant
shows
Such a presumption is
that
the
sentence
is
We
hold that Latham has not rebutted the presumption afforded his
below-Guidelines sentence and that his sentence is reasonable.
Accordingly, we affirm the district courts judgment.
We
dispense
contentions
with
are
oral
argument
adequately
because
presented
in
the
facts
and
the
materials
legal
before
this court and argument would not aid the decisional process.
AFFIRMED
*