Opinions of the United
2003 Decisions States Court of Appeals
for the Third Circuit
7-23-2003
USA v. Weston
Precedential or Non-Precedential: Non-Precedential
Docket No. 02-2761
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Recommended Citation
"USA v. Weston" (2003). 2003 Decisions. Paper 349.
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NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
No: 02-2761
UNITED STATES OF AMERICA
v.
THOMAS WESTON,
a/k/a Rasul
Thomas Weston,
Appellant
On Appeal from the United States District Court
for the District of New Jersey
D.C. Criminal No. 98-cr-00358
District Judge: Garrett E. Brown, Jr.
Submitted pursuant to Third Circuit LAR 34.1(a)
July 17, 2003
Before: McKEE, BARRY & WEIS, Circuit Judges
(Filed: July 23, 2003)
OPINION OF THE COURT
McKee, Circuit Judge.
Thomas Weston appeals the sentence of 210 months that was imposed based upon
an offense level of 36 in a criminal category of II. The sentence was imposed following
our remand to the district court after we vacated the sentence that was initially imposed.
Counsel has filed a brief pursuant to U.S. v. Anders, 386 U.S. 738 (1967), in which he
alleges that, based upon his examination of the record, there are no nonfrivilous issues for
appeal. We agree that there are no nonfrivolous issues for appealing the sentence that
was imposed following our remand.
Weston has also filed a pro se brief raising three issues. He claims that the district
court erred in attributing 200 grams of crack cocaine to him as relevant conduct, that the
district court erred in improperly declining to revisit the issue of enhancement for an
obstruction of justice previously imposed, and that the district court improperly concluded
it lacked legal authority to grant a downward departure under U.S.S.G. § 5K1.1 based
upon Weston’s alleged cooperation. We find that each of these arguments is meritless.
Our remand was for the limited purpose of determining the appropriate base offense level
for sentencing. U.S. v. Boone-Weston, 279 F.3d 163 (3d Cir. 2002). The district court
clearly did not err in staying within the confines of our remand. Accordingly, we will
affirm the judgment of the district court.
TO THE CLERK:
Please file the foregoing opinion.
By the Court,
/s/ Theodore A. McKee
Circuit Judge
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