United States Fourth Circuit

Defendant's sentence for a drug conviction is affirmed where he has not met his burden of demonstrating that the district court's sentencing error under US v. Booker, 125 S.Ct. 738 (2005), affected his substantial rights.

Appellate Information

• Decided 06/20/2005
• Published 06/20/2005

Judges

• Before NIEMEYER and MICHAEL, Circuit Judges, and MOON, United States District Judge for the Western District of Virginia, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellant:
  
• Sante E. Boninsegna, Jr., Pineville, West Virginia, for Appellant.


• For Appellees:
  
• John Lanier File, Assistant United States Attorney, Office of the United States Attorney, Beckley, West Virginia, for Appellee., Kasey Warner, United States Attorney, Beckley, West Virginia, for Appellee.