Académique Documents
Professionnel Documents
Culture Documents
2d 1283
Appeal from the United States District Court for the Northern District of
West Virginia, at Wheeling. Frederick P. Stamp, Jr., District Judge. (CR90-116)
John E. Basilone, Moody, Strople & Kloeppel, Ltd., Portsmouth, Va., for
appellant.
William A. Kolibash, United States Attorney, Sam G. Nazzaro, Assistant
United States Attorney, Wheeling, W. Va., for appellee.
N.D.W.Va.
AFFIRMED.
Before ERVIN, Chief Judge, SPROUSE, Circuit Judge, and CHAPMAN,
Senior Circuit Judge.
OPINION
PER CURIAM:
Doldrige Harrison pled guilty to aiding and abetting the distribution of cocaine
(21 U.S.C. 841(a) (1988)). He appeals the sentence imposed on the grounds
that the district court departed upward to criminal history category VI without
justification and failed to determine the accuracy of disputed information in the
presentence report. We affirm.
The district court found that two points were correctly assigned for the 1984
petty larceny conviction because it was unrelated to the 1982 breaking and
entering conviction, and that a total of fourteen points put Harrison in category
VI. Sentence was then imposed at the high end of the guideline range. There
was no departure from the guideline range. Although Harrison asserts on
appeal that he raised factual issues concerning the criminal history portion of
the presentence report on which the district court failed to make determinations,
the record does not reveal any factual issue raised by Harrison which was not
resolved. Harrison had the burden of showing that information in the
presentence report which he disputed was inaccurate or unreliable. United
States v. Terry, 916 F.2d 157 (4th Cir.1990). However, he offered no reason
why two points should not be assigned for the 1984 petty larceny conviction.
The judgment of the district court is therefore affirmed. 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.
This appears to have been a typographical error. Twelve points would put a
defendant in criminal history category V