U.S. Court of Appeals for the Fourth Circuit, 2002

United States v. Womack

United States v. Womack
U.S. Court of Appeals for the Fourth Circuit · Decided July 30, 2002 · Luttig, Traxler, Gregory
41 F. App'x 705

United States v. Womack

Opinion

*706 OPINION

PER CURIAM.

Berkley Oliver Womack pled guilty to one count of conspiracy to possess with intent to distribute LSD in violation of 21 U.S.C.A. §§ 841(a)(1), 846 (West 1999 & Supp. 2002). On appeal, Womack contends the district court abused its discretion by increasing by four levels his offense level for being a manager or organizer in the conspiracy. See U.S. Sentencing Guidelines Manual § 3B1.1(a) (2000). Finding no reversible error, we affirm.

The district court’s finding that Womack acted as an organizer or manager is reviewed for clear error. United States v. Daughtrey, 874 F.2d 213, 217 (4th Cir. 1989). Due deference is given to the court’s assessment of the witnesses’ credibility. United States v. Williams, 977 F.2d 866, 870 (4th Cir. 1992). In addition, the court is free to adopt the factual findings contained in the PSR without more explanation. United States v. Terry, 916 F.2d 157, 162 (4th Cir. 1990). At sentencing, the court is permitted to consider hearsay testimony and other evidence that has a sufficient indicia of reliability. United States v. Uwaeme, 975 F.2d 1016, 1021 (4th Cir. 1992).

We reject Womack’s argument that the district court abused its discretion by not crediting his testimony and being more receptive to information provided by a co-conspirator. We find the court’s findings were not clearly erroneous. There was sufficient evidence showing that Womack was more than merely a buyer and seller of LSD. See United States v. Sayles, 296 F.3d 219, 225 (4th Cir. 2002).

Accordingly,- we affirm the conviction and sentence. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

AFFIRMED.

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