Professional Documents
Culture Documents
No. 08-5034
Appeal from the United States District Court for the District of
Maryland, at Greenbelt.
Peter J. Messitte, Senior District
Judge. (8:00-cr-00253-PJM-3)
Submitted:
Decided:
PER CURIAM:
Tennyson Harris appeals the sentence imposed by the
district
court
on
remand
from
this
court
for
resentencing
base
Sentencing
offense
level
Guidelines
of
Manual
thirty-four
(USSG)
pursuant
to
2D1.1(c)(3)
U.S.
(2001).
number
of
drug
hauling
trips
performed
by
various
truck
upon
as
reviewing
definite
and
committed.
the
firm
Easley
record
conviction
v.
whole,
that
Cromartie,
532
is
left
with
mistake
U.S.
234,
has
242
the
been
(2001)
395
(1948)).
If
the
defendant
2
objects
to
quantity
attributable
to
defendant
by
preponderance
of
the
not
reflect
the
scale
of
the
offense,
the
court
shall
as
calculations.
Cir.
1996)
hearsay
to
what
USSG
to
credit
in
making
its
(internal
testimony
of
quotation
lay
marks
witnesses
omitted).
.
Direct
can
or
provide
Where witnesses
arguing
that
the
district
court
erred
in
which
the
addressed
district
drug
court
quantities
relied
in
on
trial
general
testimony
manner.
The
that
First
about
the
amount
of
drugs
involved
in
has
rejected
the
holding
in
Id.
Sepulveda
conspiracy,
This court,
in
clear
United States v.
Our review of the
and
the
drug
quantity
attributed
to
Harris
by
the
We dispense
with oral argument because the facts and legal conclusions are
adequately
presented
in
the
materials
before
the
court
and