Scribd Logo
Upload

Welcome to Scribd!

  • 64 views

    United States v. Rondall Upshaw, 4th Cir. (2012)

    Uploaded by

    Scribd Government Docs
    Rondall Dion Upshaw pled guilty to possession of ammunition by a convicted felon. At sentencing, a detective testified that Upshaw was hired to travel to North Carolina and kill two people involved in the drug trade. Upshaw and others met the victims under the guise of a drug deal, then began shooting. During the ensuing chase, shots were fired at the victims' car. When apprehended, Upshaw possessed loaded gun magazines. The district court applied a sentencing guidelines cross reference for murder, based on evidence that Upshaw possessed ammunition in an attempt to commit murder. The appellate court affirmed, finding no clear error in applying the murder cross reference.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd

    United States v. Rondall Upshaw, 4th Cir. (2012)

    Uploaded by

    Scribd Government Docs
    64 views3 pages
    Rondall Dion Upshaw pled guilty to possession of ammunition by a convicted felon. At sentencing, a detective testified that Upshaw was hired to travel to North Carolina and kill two people involved in the drug trade. Upshaw and others met the victims under the guise of a drug deal, then began shooting. During the ensuing chase, shots were fired at the victims' car. When apprehended, Upshaw possessed loaded gun magazines. The district court applied a sentencing guidelines cross reference for murder, based on evidence that Upshaw possessed ammunition in an attempt to commit murder. The appellate court affirmed, finding no clear error in applying the murder cross reference.

    Original Description:

    Filed: 2012-06-21 Precedential Status: Non-Precedential Docket: 11-5070

    Copyright

    © Public Domain

    Available Formats

    PDF or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Rondall Dion Upshaw pled guilty to possession of ammunition by a convicted felon. At sentencing, a detective testified that Upshaw was hired to travel to North Carolina and kill two people involved in the drug trade. Upshaw and others met the victims under the guise of a drug deal, then began shooting. During the ensuing chase, shots were fired at the victims' car. When apprehended, Upshaw possessed loaded gun magazines. The district court applied a sentencing guidelines cross reference for murder, based on evidence that Upshaw possessed ammunition in an attempt to commit murder. The appellate court affirmed, finding no clear error in applying the murder cross reference.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Download as pdf
    64 views3 pages

    United States v. Rondall Upshaw, 4th Cir. (2012)

    Uploaded by

    Scribd Government Docs
    Rondall Dion Upshaw pled guilty to possession of ammunition by a convicted felon. At sentencing, a detective testified that Upshaw was hired to travel to North Carolina and kill two people involved in the drug trade. Upshaw and others met the victims under the guise of a drug deal, then began shooting. During the ensuing chase, shots were fired at the victims' car. When apprehended, Upshaw possessed loaded gun magazines. The district court applied a sentencing guidelines cross reference for murder, based on evidence that Upshaw possessed ammunition in an attempt to commit murder. The appellate court affirmed, finding no clear error in applying the murder cross reference.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Download as pdf
    of 3

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT

    No. 11-5070

    UNITED STATES OF AMERICA,


    Plaintiff Appellee,
    v.
    RONDALL DION UPSHAW, a/k/a
    Christopher Lee Johnson,

    Ronald

    Dion

    Upshaw,

    a/k/a

    Defendant - Appellant.

    Appeal from the United States District Court for the Eastern
    District of North Carolina, at Raleigh.
    Terrence W. Boyle,
    District Judge. (4:11-cr-00052-BO-1)

    Submitted:

    June 12, 2012

    Decided:

    June 21, 2012

    Before AGEE, WYNN, and DIAZ, Circuit Judges.

    Affirmed by unpublished per curiam opinion.

    Thomas P. McNamara, Federal Public Defender, Stephen C. Gordon,


    Assistant Federal Public Defender, Raleigh, North Carolina, for
    Appellant.
    Thomas G. Walker, United States Attorney, Jennifer
    P. May-Parker, Kristine L. Fritz, Assistant United States
    Attorneys, Raleigh, North Carolina, for Appellee.

    Unpublished opinions are not binding precedent in this circuit.

    PER CURIAM:
    Rondall

    Dion

    Upshaw

    pled

    guilty

    without

    plea

    agreement to possession of ammunition by a convicted felon, 18


    U.S.C.

    922(g)

    prison.
    erred

    (2006).

    He

    was

    sentenced

    to

    120

    months

    in

    Upshaw now appeals, claiming that the district court

    when

    Sentencing

    it

    applied

    Guidelines

    the

    murder

    Manual

    cross

    reference,

    2K2.1(c)(1)(A),

    (2010), to calculate his Guidelines range.

    see

    2X1.1,

    U.S.
    2A2.1

    We affirm.

    At sentencing, a detective testified that Upshaw was


    one of three men hired in Atlanta to travel to North Carolina to
    kill two persons involved in the drug trade.

    Upshaw and the

    others were supplied with guns and money to accomplish their


    mission.

    They met the victims under the pretext of conducting a

    drug transaction.
    transaction.

    Shooting began at the location of that sham

    The victims fled in their car, with Upshaw and his

    accomplices chasing them in another vehicle.


    shots

    were

    fired

    into

    the

    victims

    car.

    During the chase,


    When

    apprehended

    shortly after his vehicle crashed, Upshaw was in possession of


    two loaded 9 mm. magazines.
    In light of this testimony, we hold that the district
    court

    did

    not

    clearly

    err

    in

    applying

    the

    murder

    cross

    reference.

    A preponderance of the evidence establishes that

    Upshaw

    hired

    was

    to

    commit

    murder,

    and

    he

    ammunition in an attempt to carry out the murder.


    2

    possessed

    the

    See 18 U.S.C.

    1111 (2006) (defining first degree murder); USSG 2A2.1(a)(1)


    (stating

    that

    offense

    would

    base
    have

    offense

    level

    constituted

    33

    applies

    first

    if

    degree

    object
    murder

    of
    if

    successful).
    We accordingly affirm.

    We dispense with oral argument

    because the facts and legal contentions are adequately presented


    in the material before the court and argument would not aid the
    decisional process.
    AFFIRMED

    You might also like