United States v. Morris ( 1997 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v. No. 96-4860
BRENDA MARSHALL MORRIS,
Defendant-Appellant.
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v. No. 96-4861
PAMELA ANN MORRIS,
Defendant-Appellant.
Appeals from the United States District Court
for the Western District of Virginia, at Harrisonburg.
Jackson L. Kiser, Senior District Judge.
(CR-96-37-H)
Submitted: May 29, 1997
Decided: June 18, 1997
Before NIEMEYER, LUTTIG, and MOTZ, Circuit Judges.
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Affirmed by unpublished per curiam opinion.
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COUNSEL
Roland M. Santos, Harrisonburg, Virginia; Thomas J. Wilson, IV,
Harrisonburg, Virginia, for Appellants. Robert P. Crouch, Jr., United
States Attorney, Thomas J. Bondurant, Jr., Assistant United States
Attorney, Roanoke, Virginia, for Appellee.
_________________________________________________________________
Unpublished opinions are not binding precedent in this circuit. See
Local Rule 36(c).
_________________________________________________________________
OPINION
PER CURIAM:
Appellants Brenda Marshall Morris and Pamela Ann Morris appeal
their convictions and sentences for aiding and abetting in the obstruc-
tion of justice in violation of 18 U.S.C. § 1503 (1994). They maintain
that the district court improperly considered inaccurate or untrue evi-
dence during sentencing. Finding no error, we affirm Appellants' con-
victions and sentences.
The record discloses on the night of Sanford Datcher's murder,
both Brenda and Pamela Morris, and another individual, were passen-
gers in a vehicle driven by Omar Yusuf DesAnges. Upon arriving at
a location known as Double Toll Gate, DesAnges, who had vowed to
kill Datcher, discovered that Datcher was in the area, exited the vehi-
cle with a handgun, and instructed Pamela Morris to drive his car to
a nearby residence. DesAnges killed Datcher shortly thereafter.
Appellants pleaded guilty to aiding and abetting in the obstruction
of justice, and the government subsequently moved for a downward
departure to a term of imprisonment not to exceed five years. See
USSG § 5K2.12. The presentence reports provided a guideline range
of 78 to 97 months for Brenda Morris and a range of 70 to 87 months
for Pamela Morris. Appellants received sentences of thirty-nine
months and thirty-five months, respectively.
On appeal, Appellants contend that the court improperly placed
great emphasis on DesAnges's statement, made after his guilty plea,
that someone in the car pointed out to him that Datcher was in the
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area. Appellants, however, never noted any objection to the court's
consideration of this statement.
In examining the district court's findings of fact during sentencing,
this Court reviews for clear error. United States v. Mark, 943 F.2d
444, 450 (4th Cir. 1991). Further, only a preponderance of the evi-
dence need support these facts. United States v. Engleman, 916 F.2d
182, 184 (4th Cir. 1990). Without an affirmative showing the infor-
mation is inaccurate, the sentencing court is entitled to adopt the find-
ings of the presentence report. United States v. Terry, 916 F.2d 157,
162 (4th Cir. 1990).
Resolution of this factual issue is within the province of the trial
court and we conclude that such determination was not clearly errone-
ous. Accordingly, we affirm Appellants' convictions and sentences.
We dispense with oral argument because the facts and legal conten-
tions are adequately presented in the materials before the court, and
oral argument would not aid the decisional process.
AFFIRMED
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