United States v. Brown ( 1999 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v. No. 98-4039
ERNEST BROWN, a/k/a Rock,
Defendant-Appellant.
Appeal from the United States District Court
for the District of Maryland, at Baltimore.
Marvin J. Garbis, District Judge.
(CR-97-15-MJG)
Submitted: May 28, 1999
Decided: September 17, 1999
Before HAMILTON and MOTZ, Circuit Judges,
and PHILLIPS, Senior Circuit Judge.
_________________________________________________________________
Affirmed by unpublished per curiam opinion.
_________________________________________________________________
COUNSEL
Donald H. Feige, Baltimore, Maryland, for Appellant. Lynne A. Bat-
taglia, United States Attorney, Jamie M. Bennett, Assistant United
States Attorney, Baltimore, Maryland, for Appellee.
_________________________________________________________________
Unpublished opinions are not binding precedent in this circuit. See
Local Rule 36(c).
OPINION
PER CURIAM:
Appellant Ernest Brown was convicted by a jury of one count of
conspiracy to distribute and possess with intent to distribute heroin
and cocaine, 21 U.S.C. § 846 (1994), five counts of possession with
intent to distribute heroin and cocaine, 21 U.S.C.§ 841(a)(1) (1994),
one count of being a felon in possession of firearm, 18 U.S.C.
§ 922(g)(1) (1994), and one count of being a felon in possession of
ammunition, 18 U.S.C. § 922(g)(1). On appeal, Brown contends that
the court erred by: (1) finding that he was responsible for more than
15 kilograms of cocaine for sentencing purposes; (2) enhancing the
base offense level due to his role in the offense; and (3) enhancing the
base offense level due to possession of weapon. Brown also contends
the evidence was insufficient to support his conviction.
We find that the district court did not clearly err by concluding that
Brown was responsible for more than 15 kilograms of cocaine. See
United States v. Uwaeme, 975 F.2d 1016, 1018 (4th Cir. 1992). We
also find that the district court did not err by finding that Brown was
an organizer or leader of a conspiracy involving five or more persons.
Brown engaged in much of the conduct indicative of someone who
can be described as an organizer or leader. See United States v.
Hyppolite, 65 F.3d 1151, 1159 (4th Cir. 1995). The firearms provided
by Brown that were possessed by two co-conspirators clearly war-
ranted the enhancement for possession of a dangerous weapon. See
United States v. Kimberlin, 18 F.3d 1156, 1159-60 (4th Cir. 1994).
Finally, the evidence was sufficient to sustain the convictions. See
Glasser v. United States, 315 U.S. 60, 82 (1942); United States v.
Burns, 990 F.2d 1426, 1439 (4th Cir. 1993).
Accordingly, we affirm Brown's convictions and sentences. We
deny Brown's motion for oral argument because the facts and legal
contentions are adequately presented in the materials before the court
and argument would not aid in the decisional process.
AFFIRMED
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