UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-4687
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
MARIO A. MASON,
Defendant - Appellant.
Appeal from the United States District Court for the Southern
District of West Virginia, at Parkersburg. Joseph Robert Goodwin,
District Judge. (CR-04-127)
Submitted: March 30, 2006 Decided: April 5, 2006
Before TRAXLER, GREGORY, and SHEDD, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Todd A. Twyman, TWYMAN LAW OFFICES, Charleston, West Virginia, for
Appellant. Charles T. Miller, Acting United States Attorney, R.
Gregory McVey, Assistant United States Attorney, Huntington, West
Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Mario A. Mason appeals the 135-month sentence imposed
after he pled guilty to one count of conspiracy to distribute 500
grams or more of cocaine, in violation of 21 U.S.C. §§ 841(a)(1),
846 (2000). The district court concluded that Mason qualified for
a two-level enhancement for his role in the conspiracy pursuant to
U.S. Sentencing Guidelines Manual § 3B1.1(c) (2004), and sentenced
him under an advisory sentencing regime, after consideration of the
applicable sentencing range and the factors under 18 U.S.C.
§ 3553(a) (2000), to a sentence within the applicable guideline
range. On appeal, Mason asserts that his sentence violates the
Supreme Court’s holding in United States v. Booker, 543 U.S. 220
(2005), because his sentence was enhanced based upon facts that
were not alleged in the indictment, admitted to by him, or found by
a jury beyond a reasonable doubt.
Contrary to Mason’s assertion, his concessions during his
Fed. R. Crim. P. 11 plea colloquy fully support the district
court’s application of the two-level enhancement to his sentence.
Specifically, Mason conceded that he provided cocaine to two
individuals who, in turn, resold the drugs for him. See United
States v. Kincaid, 964 F.2d 325, 329 (4th Cir. 1992) (exercise of
control over even one individual may support two-level enhancement
as leader or organizer). He further admitted that he traveled with
Kirt King, a co-conspirator, to purchase cocaine, using others as
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decoys or diversions, that he and King pooled their money to
purchase the drug for resale, and that he participated in the
preparation of the drug for resale, thereby admitting to assisting
in the management of the product and of the conspiracy. See United
States v. Chambers, 985 F.2d 1263, 1267 (4th Cir. 1993); United
States v. Paz, 927 F.2d 176, 180 (4th Cir. 1991). Accordingly, we
find proper the advisory guideline range, including the § 3B1.1(c)
enhancement, determined by the district court. Finally, because
Mason’s sentence was reasonable, see United States v. Green, 436
F.3d 449, 456 (4th Cir. 2006), we affirm his conviction and
sentence. 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
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