United States v. Fairclough

U.S. Court of Appeals for the Fourth Circuit
United States v. Fairclough, 82 F. App'x 851 (4th Cir. 2003)

United States v. Fairclough

Opinion

PER CURIAM.

Ritson Fairclough appeals from his conviction pursuant to a written plea agreement to one count of conspiracy to distribute or possess with intent to distribute more than five kilograms of cocaine, 21 U.S.C. §§ 841(a)(1) and 846 (2000). The district court sentenced Fairclough to 120 months in prison. On appeal, Fairclough argues the court improperly denied him a sentencing reduction under the “safety valve” provision in 18 U.S.C. § 3553(f) (2000).

To qualify for the safety valve reduction, the defendant bears the burden of proving the statutory requirements by a preponderance of the evidence. United States v. Wilson, 114 F.3d 428, 429 (4th Cir. 1997). We review a district court’s determination on safety valve eligibility for clear error. United States v. Daughtrey, 874 F.2d 213, 217 (4th Cir. 1989). We conclude that the district court’s decision that defendant had not met his burden of proof was not clearly erroneous. Therefore, we affirm Fairclough’s sentence. We dispense with oral argument because the facts and legal contentions are adequately presented in the *852 materials before the court and argument would not aid the decisional proces.

AFFIRMED

Reference

Full Case Name
UNITED STATES of America, Plaintiff—Appellee, v. Ritson Roy FAIRCLOUGH, Defendant—Appellant
Status
Unpublished