Académique Documents
Professionnel Documents
Culture Documents
No. 10-4468
Appeal from the United States District Court for the District of
South Carolina, at Columbia.
Cameron McGowan Currie, District
Judge. (3:09-cr-00390-CMC-9)
Submitted:
Decided:
PER CURIAM:
Appellant
conspiracy
to
Eduardo
possess
Zavala-Lopez
with
the
intent
was
convicted
to
distribute
of
and
violation
of
U.S.C.
1325(a)(2)
(2006).
Zavala-Lopez
pursuant
timely appealed.
Zavala-Lopezs
attorney
filed
brief
to
there
are
no
meritorious
grounds
for
appeal,
but
Zavala-
supported
the
district
courts
drug
quantity
Because we find no
proved
into
the
evidence
chain
at
of
his
2
custody
trial.
of
This
the
cell
court
phone
reviews
The
establish
the
authenticity
of
its
evidence
by
356
Jones,
F.3d
at
535
(quoting
Fed.
R.
Evid.
of
custody
for
the
evidence.
Id.
To
do
so,
the
that
the
original
item
had
been
Id.
exchanged
with
(internal quotation
the
Government
asserted
that
the
cell
phone
admitted into evidence was the same cell phone that was seized
from
Zavala-Lopezs
person
at
the
time
of
his
arrest.
In
The
Government
also
presented
evidence
from
the
booking officer who took the bag, which he received when ZavalaLopez
arrived
at
the
station
accompanied
3
by
the
arresting
officer.
coming
with
Zavala-Lopez,
and
entered
the
evidence
it
locked
evidence
locker.
We
conclude
this
testimony
the
admitted
district
the
statements
allegation
court
testimony
Zavala-Lopez
is
committed
of
made
without
law
enforcement
during
merit,
Crawford *
as
his
the
error
when
it
as
to
officers
interrogation.
officers
This
testimony
evidence
also
for
its
argues
drug
the
district
quantity
lacked
computation.
court
We
United States
Under the clear
At
drugs
involved
by
preponderance
of
the
evidence.
United
Where
scale
of
the
offense,
the
court
shall
approximate
the
attributable
to
Zavala-Lopez.
At
trial,
the
quarter
of
kilogram
of
cocaine
from
Atlanta,
court
multiplying
250
determined
grams
by
the
20
drug
and
quantity
concluding
Accordingly, the
in
this
case
Zavala-Lopez
by
was
we
conclude
Zavala-Lopezs
sentence
was
Gall v.
United States, 552 U.S. 38, 51 (2007); see also United States v.
Pauley, 511 F.3d 468, 473-74 (4th Cir. 2007).
defendant, a district court must:
When sentencing a
the
Fourth
Sentencing
Circuit,
Guidelines
[a]
range
sentence
is
within
the
presumptively
proper
reasonable.
United States v. Allen, 491 F.3d 178, 193 (4th Cir. 2007); see
also
Rita
(permitting
v.
United
States,
presumption
of
551
U.S.
338,
reasonableness
347-56
for
(2007)
within-
Guidelines sentence).
Here,
procedural
steps
calculated
the
factors,
applied
situation,
and
the
in
district
court
sentencing
Guidelines
those
adequately
sentence to Zavala-Lopez.
the
Zavala-Lopez.
range,
factors
followed
to
considered
It
the
Zavala-Lopezs
communicated
the
necessary
basis
properly
3553(a)
individual
for
the
This court
but
counsel
believes
that
such
petition
would
be
contentions
the
court
are
adequately
and
argument
presented
would
not
in
aid
the
the
materials
decisional
process.
AFFIRMED