Documente Academic
Documente Profesional
Documente Cultură
No. 11-4194
Appeal from the United States District Court for the District of
Maryland, at Baltimore.
William D. Quarles, Jr., District
Judge. (1:08-cr-00511-WDQ-3)
Submitted:
PER CURIAM:
sentence
William
Ortiz
Lazaro
imposed
following
seeks
his
to
guilty
appeal
plea,
his
135-month
pursuant
to
violence,
in
violation
of
18
U.S.C.
924(c)(1)(A)(ii),
that
the
the
district
determining
applied
on
whether
Count
court
a
applied
five-
Fifteen,
or
incorrect
seven-year
erred
in
standard
statutory
applying
in
minimum
six-level
In response,
the
waiver
Government
asserts
that
Lazaros
appellate
bars
the
waiver,
and
the
totality
of
the
circumstances
See
United States v. Johnson, 410 F.3d 137, 151 (4th Cir. 2005).
Because his second and third claims fall within the scope of the
waiver, see United States v. Blick, 408 F.3d 162, 168 (4th Cir.
2005), we agree with the Government and dismiss these claims.
Lazaro
to
sentence
factual
enhancement,
findings
conclusions de novo.
for
we
clear
In assessing a
review
error
the
and
district
its
legal
924(c)(1)(A)
five-year
requires
the
where
defendant
sentence
imposition
of
possesses
18 U.S.C.
in
furtherance
of
the
conspiracy
and
was
reasonably
United
States v. Zackery, 494 F.3d 644, 647-48 (8th Cir. 2007); cf.
United
States
(holding
that
v.
Ashley,
vicarious
606
F.3d
135,
coconspirator
3
143
(4th
liability
Cir.
need
2010)
not
be
the
district
court
statutory minimum.
correctly
determined
the
applicable
in
the
order
to
brandishing
court
made
Rather,
the
court
minimum
to
Lazaro
foreseeable
that
determine
is
no
similarly
aiding
merely
on
ground
Lazaro
without
or
applied
the
Lazaros
whether
merit,
abetting
the
it
was
would
as
and
the
determination.
seven-year
that
codefendants
aided
statutory
reasonably
brandish
their
weapons.
For
convictions,
the
which
foregoing
he
does
reasons,
not
we
challenge
on
affirm
Lazaros
appeal,
and
the
We
dismiss
dispense
with
oral
contentions
are
his
claims
argument
adequately
as
to
because
presented
in
Count
the
the
Fourteen.
facts
We
and
legal
materials
before
this court and argument would not aid the decisional process.
AFFIRMED IN PART,
DISMISSED IN PART