Filed: Jun. 19, 2012
Latest Update: Feb. 12, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 11-4967 UNITED STATES OF AMERICA, Plaintiff – Appellee, v. DREW SHARREFF-EL, a/k/a Mack Ahizi, Defendant - Appellant. Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Max O. Cogburn, Jr., District Judge. (3:10-cr-00124-MOC-1) Submitted: June 14, 2012 Decided: June 19, 2012 Before WILKINSON, NIEMEYER, and KEENAN, Circuit Judges. Affirmed by unpublished per curiam opinion. Ke
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 11-4967 UNITED STATES OF AMERICA, Plaintiff – Appellee, v. DREW SHARREFF-EL, a/k/a Mack Ahizi, Defendant - Appellant. Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Max O. Cogburn, Jr., District Judge. (3:10-cr-00124-MOC-1) Submitted: June 14, 2012 Decided: June 19, 2012 Before WILKINSON, NIEMEYER, and KEENAN, Circuit Judges. Affirmed by unpublished per curiam opinion. Ken..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 11-4967
UNITED STATES OF AMERICA,
Plaintiff – Appellee,
v.
DREW SHARREFF-EL, a/k/a Mack Ahizi,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of North Carolina, at Charlotte. Max O. Cogburn, Jr.,
District Judge. (3:10-cr-00124-MOC-1)
Submitted: June 14, 2012 Decided: June 19, 2012
Before WILKINSON, NIEMEYER, and KEENAN, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Kenneth D. Snow, THE SNOW LEGAL GROUP, PLLC, Charlotte, North
Carolina, for Appellant. Amy Elizabeth Ray, Assistant United
States Attorney, Asheville, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Drew Sharreff-El pled guilty to one count of
conspiracy to commit mortgage fraud, in violation of 18 U.S.C.
§ 371 (2006), one count of aggravated identity theft, in
violation of 18 U.S.C. § 1028A (2006), and one count of money
laundering, in violation of 18 U.S.C. § 1956(a)(1)(B)(i) (2006).
The district court, finding the plea knowingly and voluntarily
entered and supported by an adequate factual basis, accepted his
guilty plea and sentenced Sharreff-El to a total of 133 months
in prison. Sharreff-El appeals, and we affirm.
On appeal, Sharreff-El’s counsel filed a brief
pursuant to Anders v. California,
386 U.S. 738 (1967), asserting
that there are no meritorious issues for appeal, but questioning
whether the district court (1) erred in applying an enhancement
for Sharreff-El’s role as a leader or organizer in the
conspiracy and (2) adequately explained Sharreff-El’s sentence.
In his pro se supplemental brief, Sharreff-El raises the same
issue regarding his leadership role and also questions whether
the district court erred in allowing the presentence report to
contain false statements regarding his citizenship and his legal
status in the United States. The Government has declined to
respond.
First, we note that the district court found that
Sharreff-El was not a leader or organizer pursuant to U.S.
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Sentencing Guidelines Manual (“USSG”) § 3B1.1(a) (2010), but a
manager or supervisor pursuant to USSG § 3B1.1(b), resulting in
a three-level, not a four-level enhancement.
A three-level enhancement for an aggravating role in
the offense is authorized “[i]f the defendant was a manager or
supervisor (but not an organizer or leader) and the criminal
activity involved five or more participants or was otherwise
extensive.” USSG § 3B1.1(b). This court has explained that
“the aggravating role adjustment is appropriate where the
evidence demonstrates that the defendant controlled the
activities of other participants or exercised management
responsibility.” United States v. Llamas,
599 F.3d 381, 390
(4th Cir. 2010) (internal quotation marks omitted). The
district court’s determination that a defendant played an
aggravating role in an offense is a factual determination
reviewed for clear error. United States v. Thorson,
633 F.3d
312, 317 (4th Cir. 2011).
Here, the district court found that Sharreff-El played
the role of a manager or supervisor during the transactions in
which he was involved. At sentencing, the Government presented
evidence that Sharreff-El assumed a supervisory role in these
transactions by directing the transfer of funds, placing calls
to initiate the fraudulent transactions, and providing
fraudulent financial information needed to complete the
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transactions. In light of this evidence, we conclude that the
district court’s application of an aggravating role enhancement
was not clearly erroneous.
Next, counsel challenges as inadequate the district
court’s explanation of the sentence. We review any sentence for
reasonableness under a deferential abuse-of-discretion standard.
Gall v. United States,
552 U.S. 38, 41 (2007). A sentence is
procedurally reasonable if, among other things, the court
sufficiently explains its reasons for imposing it. United
States v. Carter,
564 F.3d 325, 328 (4th Cir. 2009). While
every sentence requires an adequate explanation, when the
district court imposes a sentence within the Guidelines range,
“the explanation need not be elaborate or lengthy.” United
States v. Hernandez,
603 F.3d 267, 271 (4th Cir. 2010). Our
review of the record leads us to conclude that the district
court provided an adequate explanation of Sharreff-El’s sentence
and therefore did not abuse its discretion in imposing its
chosen sentence.
In accordance with Anders, we have examined
Sharreff-El’s pro se claims and the entire record for
potentially meritorious issues and have found none. We affirm
the judgment of the district court.
This court requires that counsel inform Sharreff-El,
in writing, of his right to petition the Supreme Court of the
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United States for further review. If he requests that a
petition be filed, but counsel believes that such a petition
would be frivolous, then counsel may move to withdraw.
Counsel’s motion must state that a copy thereof was served on
Sharreff-El. 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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