UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-4242
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
STEVEN M. STAGGS,
Defendant - Appellant.
Appeal from the United States District Court for the District of
South Carolina, at Greenville. Henry M. Herlong, Jr., District
Judge. (CR-02-1051)
Submitted: March 2, 2005 Decided: March 22, 2005
Before NIEMEYER, MICHAEL, and MOTZ, Circuit Judges.
Affirmed by unpublished per curiam opinion.
C. Carlyle Steele, Greenville, South Carolina, for Appellant. J.
Strom Thurmond, Jr., United States Attorney, Isaac L. Johnson, Jr.,
Assistant United States Attorney, Greenville, South Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Steven M. Staggs (“Staggs”) and seventeen co-defendants
were charged in a nine-count indictment with multiple drug
offenses. Staggs was named in two of the nine counts. He was
charged in count one of the indictment with conspiracy to
distribute and possession with intent to distribute five grams or
more of methamphetamine, more than fifty grams of a substance
containing a detectable amount of methamphetamine, and a quantity
of methylenedioxy-methamphetamine (“MDMA” or “Ectasy”) in violation
of 21 U.S.C. § 841(a)(1) (2000). Staggs was also charged in count
seven with possession with intent to distribute a quantity of a
mixture or substance containing a detectable amount of
methamphetamine and a quantity of marijuana and aiding and abetting
each other in the offense in violation of 21 U.S.C. § 841(a)(1)
(2000) and 18 U.S.C. § 2 (2000).
Prior to resolution of the charges against Staggs, the
Government filed an Information pursuant to 21 U.S.C. § 851 (2000)
notifying Staggs that he was subject to enhanced penalties based on
his prior felony drug conviction. Based on this conviction, Staggs
was subject to a sentence of ten years to life in prison.1 See
§ 841(a)(1)&(b)(1)(B). Although Staggs subsequently pled guilty to
both counts, at the sentencing hearing he objected to the § 851
1
Staggs’ prior convictions enhanced his statutory sentencing
range from five years to forty years to ten years to life
imprisonment. See § 841(a)(1)&(b)(1)(B).
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enhancement on the grounds that the Government failed to file
copies of the supporting indictments with the Information; asked
the district court to provide a two-level reduction in his offense
level pursuant to United States Sentencing Guidelines Manual
(“USSG”) § 3B1.2(b) (2000) based on his role in the conspiracy; and
objected to the Government’s failure to move for downward departure
pursuant to USSG § 5K1.1 and 18 U.S.C. § 3553(e) (2000). The
district court denied Staggs’ objections and sentenced him to the
mandatory minimum of ten years’ imprisonment and an eight-year term
of supervised release. Staggs timely filed his notice of appeal.
We have thoroughly reviewed the record in this matter and
conclude that Staggs is not entitled to relief. We find that the
Government filed its § 851 Information in accordance with the
statutory requirements; that we need not address whether Staggs was
entitled to a two-level reduction to his offense level, as Staggs
was sentenced in accordance with the statutory minimum; and, having
deemed that Staggs did not provide substantial assistance, the
Government did not breach the plea agreement by refusing to move
for downward departure.2 Accordingly, we affirm the judgment of
the district court. We dispense with oral argument because the
facts and legal contentions are adequately presented in the
2
Under circumstances set forth in § 3553(e), substantial
assistance in the investigation or prosecution of another person
who has committed an offense may justify a sentence below a
statutorily required minimum sentence.
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materials before the court and argument would not aid the
decisional process.
AFFIRMED
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