Filed: Jul. 22, 1999
Latest Update: Mar. 28, 2017
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 99-4139 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus DIMITRIOS SAKPAZIS, Defendant - Appellant. Appeal from the United States District Court for the District of Maryland, at Baltimore. Frederic N. Smalkin, District Judge. (CR- 98-178-S) Submitted: July 9, 1999 Decided: July 22, 1999 Before LUTTIG and KING, Circuit Judges, and BUTZNER, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. David J. Preller,
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 99-4139 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus DIMITRIOS SAKPAZIS, Defendant - Appellant. Appeal from the United States District Court for the District of Maryland, at Baltimore. Frederic N. Smalkin, District Judge. (CR- 98-178-S) Submitted: July 9, 1999 Decided: July 22, 1999 Before LUTTIG and KING, Circuit Judges, and BUTZNER, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. David J. Preller, ..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 99-4139
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
DIMITRIOS SAKPAZIS,
Defendant - Appellant.
Appeal from the United States District Court for the District of
Maryland, at Baltimore. Frederic N. Smalkin, District Judge. (CR-
98-178-S)
Submitted: July 9, 1999 Decided: July 22, 1999
Before LUTTIG and KING, Circuit Judges, and BUTZNER, Senior Circuit
Judge.
Affirmed by unpublished per curiam opinion.
David J. Preller, Jr., Samuel M. Grant, PRELLER & PRELLER, Towson,
Maryland, for Appellant. Lynne A. Battaglia, United States Attor-
ney, Harvey Ellis Eisenberg, Assistant United States Attorney,
Baltimore, Maryland, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Dimitrios Sakpazis appeals from his conviction and forty-six-
month sentence imposed following his guilty plea to distributing
cocaine in violation of 21 U.S.C. § 841(a) (1994). Sakpazis as-
serts that the district court violated his due process rights by
failing to enforce an alleged post-plea promise that he would
receive only thirty-six months’ imprisonment if he cooperated with
the government. He also challenges the district court’s relevant
conduct determination of the amount of drugs attributable to him.
We have reviewed the briefs and the joint appendices, in-
cluding the presentence report, and find no reversible error.
Sakpazis’ due process claim fails because he did not show that the
government breached a promise that was part of the inducement for
his guilty plea. See Santobello v. New York,
404 U.S. 257, 262
(1971); United States v. Martin,
25 F.3d 211, 217 (4th Cir. 1994).
Nor did the district court clearly err in determining the amount of
drugs attributable to Sakpazis. See United States v. Randall,
171
F.3d 195, 210 (4th Cir. 1999) (stating standard of review). Ac-
cordingly, we affirm Sakpazis’ conviction and sentence. We deny
Sakpazis’ motion for 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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