99 F.3d 1131 (4th Cir. 1996), 95-5925, U.S. v. Carter

• Citation: 99 F.3d 1131
• Party Name: UNITED STATES of America, Plaintiff-Appellee, v. Reginald CARTER, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. DEBORAH L. CARTER, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellant, v. Reginald CARTER, Defendant-Appellee. UNITED STATES of America, Plaintiff-Appellant, v. Deborah L. CARTER, Defendant-Appellee
• Case Date: October 23, 1996
• Court: United States Courts of Appeals, United States Courts of Appeals. United States Court of Appeals (4th Circuit)

Page 1131

99 F.3d 1131 (4th Cir. 1996)

UNITED STATES of America, Plaintiff-Appellee,

v.

Reginald CARTER, Defendant-Appellant.

UNITED STATES of America, Plaintiff-Appellee,

v.

DEBORAH L. CARTER, Defendant-Appellant.

UNITED STATES of America, Plaintiff-Appellant,

v.

Reginald CARTER, Defendant-Appellee.

UNITED STATES of America, Plaintiff-Appellant,

v.

Deborah L. CARTER, Defendant-Appellee.

Nos. 95-5925, 95-4022, 95-5942, 95-5943.

United States Court of Appeals, Fourth Circuit

October 23, 1996

Editorial Note:

This opinion appears in the Federal reporter in a table titled "Table of Decisions Without Reported Opinions". (See FI CTA4 Rule 36 regarding use of unpublished opinions)

Submitted June 25, 1996.

Decided Oct. 23, 1996.

Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Leonie M. Brinkema, District Judge. (CR-95-197-A)

Affirmed in part and vacated and remanded in part by unpublished per curiam opinion.

Paul P. Vangellow, Falls Church, Virginia; Joseph J. McCarthy, DELANEY, MCCARTHY, COLTON & BOTZIN, P.C., Alexandria, Virginia, for Appellants.

Helen F. Fahey, United States Attorney, Mark D. Greenberg, Special Assistant United States Attorney, Alexandria, Virginia, for Appellee.

E.D.Va.

AFFIRMED IN PART, VACATED IN PART.

OPINION

Before WIDENER, MURNAGHAN, and MICHAEL, Circuit Judges.

PER CURIAM:

Deborah and Reginald Carter appeal from their federal narcotic convictions. The government appeals in each case alleging sentencing errors. We affirm in part and vacate and remand in part.

Following a jury trial, Deborah Carter was convicted of two conspiracy counts: (1) conspiracy to possess with intent to distribute over fifty grams of crack cocaine; and (2) conspiracy to distribute over fifty grams of crack cocaine; and one substantive count--distribution of the aforementioned crack cocaine. Her brother, Reginald Carter, was convicted of aiding and abetting her in one drug transaction also exceeding fifty grams of crack cocaine. On appeal, Deborah Carter raises no challenges to her convictions. We therefore affirm them. Reginald Carter raises a sufficiency of the evidence challenge. We find, however, that taking the evidence presented at trial in the light most favorable to the government, substantial evidence supports that Reginald Carter was guilty beyond a reasonable doubt. Glasser v. United States, 315 U.S. 60, 80 (1942). Accordingly, we affirm his conviction as well.

The government also appeals, arguing that the district court erred in its imposition of both sentences. Speaking to Reginald Carter's sentence, the government claims that the district court failed to properly sentence Reginald Carter, convicted of aiding and abetting in the distribution of over...