United States v. Hall

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT UNITED STATES OF AMERICA,  Plaintiff-Appellee, v.  No. 99-4450 DAVID TYRONE HALL, a/k/a David Reed, Defendant-Appellant.  UNITED STATES OF AMERICA,  Plaintiff-Appellee, v.  No. 99-4659 HASSEN EMANUEL REEVES, Defendant-Appellant.  Appeals from the United States District Court for the District of Maryland, at Baltimore. Catherine C. Blake, District Judge. (CR-98-192-CCB) Submitted: May 31, 2000 Decided: October 19, 2000 Before MOTZ and TRAXLER, Circuit Judges, and HAMILTON, Senior Circuit Judge. Affirmed in part and vacated and remanded in part by unpublished per curiam opinion. 2 UNITED STATES v. HALL COUNSEL Gerald C. Ruter, THE LAW OFFICES OF GERALD C. RUTER, P.C., Baltimore, Maryland; Joseph B. Tetrault, WRIGHT & MEE- HAN, Baltimore, Maryland, for Appellants. Lynne A. Battaglia, United States Attorney, John F. Purcell, Jr., Assistant United States Attorney, Baltimore, Maryland, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). OPINION PER CURIAM: David Tyrone Hall and Hassen Emanuel Reeves were tried together for their participation in a multicount drug conspiracy and related crimes. Hall and Reeves were tried together and both were convicted of numerous counts. On appeal, their cases have been con- solidated. For the reasons that follow, we affirm in part and vacate and remand in part. Hall and Reeves were convicted of Count 1, conspiracy to distrib- ute and possess with intent to distribute cocaine, cocaine base and heroin. Because the jury returned a general form as to the multidrug conspiracy, the defendants cannot be sentenced for more than the stat- utory maximum for the least-serious single drug conspiracy. See United States v. Rhynes, 206 F.3d 349, 379-80 (4th Cir. 1999), peti- tion for cert. filed, No. 99-9386 (May 2, 2000). This Court decided Rhynes after Appellants were sentenced, and thus, the district court did not have the benefit of our opinion. Accordingly, we vacate the Appellants’ sentences for Count 1 and remand for the district court to calculate their sentences in accordance with our decision in Rhynes. Appellants raise numerous other claims on appeal, including claims raised in Hall’s pro se informal brief. Although we grant Hall’s UNITED STATES v. HALL 3 motion to file his supplemental pro se brief, we find no other revers- ible error. We also deny Hall’s motion for an extension of time to file a reply to the Government’s response to his pro se informal brief. Accordingly, we affirm the Appellants’ convictions and other sen- tences. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. AFFIRMED IN PART AND VACATED AND REMANDED IN PART