UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-4717
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
LIONEL STAINE,
Defendant - Appellant.
No. 05-4769
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
RICARDO DINNALL,
Defendant - Appellant.
No. 05-4921
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
BRUCE OKELLO JOSEPH,
Defendant - Appellant.
Appeals from the United States District Court for the Eastern
District of North Carolina, at New Bern. Malcolm J. Howard,
District Judge. (CR-02-60)
Submitted: May 24, 2006 Decided: June 21, 2006
Before NIEMEYER, KING, and SHEDD, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Lewis A. Thompson, III, BANZET, BANZET & THOMPSON, P.L.L.C.,
Warrenton, North Carolina; Terence Lee Taylor, CANNON & TAYLOR,
Greenville, North Carolina; George Mason Oliver, STUBBS & PERDUE,
P.A., New Bern, North Carolina, for Appellants. Frank D. Whitney,
United States Attorney, Anne M. Hayes, Christine Witcover Dean,
Assistant United States Attorneys, Raleigh, North Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
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PER CURIAM:
After a trial, Lionel Staine, Ricardo Dinnall and Bruce
Okello Joseph were convicted of conspiracy to distribute and to
possess with the intent to distribute more than 50 grams of cocaine
base, a quantity of cocaine, and a quantity of marijuana. Staine
and Dinnall were convicted of conspiracy to unlawfully kidnap a
person, and Joseph was convicted of traveling in interstate
commerce with intent to promote the drug conspiracy.
In their initial appeal, we affirmed the convictions,
rejecting those arguments that challenged trial proceedings and the
sufficiency of the evidence. However, because the imposition of
their sentences was plain error in light of United States v.
Booker, 543 U.S. 220 (2005), we vacated the sentences and remanded
to the district court for resentencing. At resentencing, the
district court followed the instructions in Booker and United
States v. Hughes, 401 F.3d 540, 555-56 (4th Cir. 2005), and chose
not to disturb the original life sentences imposed upon Staine and
Dinnall. Joseph was sentenced to 262 months’ imprisonment, the
bottom end of the Guidelines range of imprisonment and two months
less than the original sentence. Finding no error, we affirm.
Staine and Dinnall raise several issues raised in their
initial appeal challenging their convictions. We will not review
these issues again. United States v. Aramony, 166 F.3d 655, 661
(4th Cir. 1999).
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With respect to the Guidelines enhancements for Fisher’s
murder and for Staine’s and Dinnall’s role in the offense, we find
no clear error with respect to the district court’s findings.
United States v. Crump, 120 F.3d 462, 468 (4th Cir. 1997); United
States v. Daughtrey, 874 F.2d 213, 217 (4th Cir. 1989).
The district court resentenced Dinnall and Staine only
after properly calculating the sentence under the advisory
Guidelines and considering the factors under 18 U.S.C.A. § 3553(a)
(West 2000 & Supp. 2005). The court did not have to articulate its
findings with respect to each factor under § 3553(a). United
States v. Moreland, 437 F.3d 424, 432 (4th Cir. 2006), cert.
denied, __ U.S. __, 2006 WL 1022030 (May 15, 2006). We find the
sentences were reasonable. United States v. Green, 436 F.3d 449,
457 (4th Cir. 2006), cert. denied, __ U.S. __, 2006 WL 1057741 (May
22, 2006).
Likewise, we find Joseph’s sentence reasonable. We find
no merit to any of Joseph’s arguments challenging the resentencing.
The district court arrived at the correct range of imprisonment
after considering the Guidelines. The court also reviewed the
§ 3553(a) factors and the specific arguments raised by counsel.
There is no merit to the claim that the presumption of
reasonableness for a sentence within the Guidelines is
unconstitutional.
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Accordingly, we affirm the sentences. 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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