Filed: Mar. 06, 2019
Latest Update: Mar. 03, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 18-4489 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. RICHARD HENRY KAYIAN, a/k/a Pops, Defendant - Appellant. Appeal from the United States District Court for the Western District of Virginia, at Abingdon. James P. Jones, District Judge. (1:16-cr-00041-JPJ-PMS-1) Submitted: February 28, 2019 Decided: March 6, 2019 Before THACKER and QUATTLEBAUM, Circuit Judges, and SHEDD, Senior Circuit Judge. Affirmed by unpublished per
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 18-4489 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. RICHARD HENRY KAYIAN, a/k/a Pops, Defendant - Appellant. Appeal from the United States District Court for the Western District of Virginia, at Abingdon. James P. Jones, District Judge. (1:16-cr-00041-JPJ-PMS-1) Submitted: February 28, 2019 Decided: March 6, 2019 Before THACKER and QUATTLEBAUM, Circuit Judges, and SHEDD, Senior Circuit Judge. Affirmed by unpublished per ..
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 18-4489
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
RICHARD HENRY KAYIAN, a/k/a Pops,
Defendant - Appellant.
Appeal from the United States District Court for the Western District of Virginia, at
Abingdon. James P. Jones, District Judge. (1:16-cr-00041-JPJ-PMS-1)
Submitted: February 28, 2019 Decided: March 6, 2019
Before THACKER and QUATTLEBAUM, Circuit Judges, and SHEDD, Senior Circuit
Judge.
Affirmed by unpublished per curiam opinion.
Paul G. Beers, GLENN, FELDMANN, DARBY & GOODLATTE, Roanoke, Virginia,
for Appellant. Jean Barrett Hudson, Assistant United States Attorney, Charlottesville,
Virginia, Zachary T. Lee, Assistant United States Attorney, OFFICE OF THE UNITED
STATES ATTORNEY, Abingdon, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
In November 2016, a federal grand jury returned a two-count indictment charging
Richard Henry Kayian and 21 other defendants with conspiracy to: (a) distribute and
possess with intent to distribute oxycodone, buprenorphine, and a mixture and substance
containing a detectable amount of methamphetamine, in violation of 21 U.S.C. § 841
(2012); and (b) knowingly and intentionally use any communication facility in
committing and causing the facilitation of a felony controlled substance offense, in
violation of 21 U.S.C. § 843(b) (2012), all in violation of 21 U.S.C. § 841(b)(1)(A), (C),
(E) and 21 U.S.C. §§ 843(d), 846 (2012) (Count 1). The grand jury further charged that,
as to Kayian and five other defendants, the first object of this conspiracy involved 500
grams or more of a mixture and substance containing a detectable amount of
methamphetamine. Count Two charged Kayian and eight codefendants with conspiracy
to commit money laundering, in violation of 18 U.S.C. § 1956(h) (2012). This
conspiracy involved both promotional money laundering, in violation of 18 U.S.C.
§ 1956(a)(1)(A)(i) (2012), and concealment money laundering, in violation of 18 U.S.C.
§ 1956(a)(1)(B)(i) (2012) (Count 2).
Kayian, along with four of his codefendants, pled not guilty. Following a seven-
day trial at which the Government presented the testimony of multiple cooperating
witnesses, codefendants, and law enforcement officials, the jury convicted Kayian of both
charges. The district court subsequently sentenced Kayian to 324 months’ imprisonment,
a downward variance from his Sentencing Guidelines range of life in prison. This appeal
timely followed.
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Kayian’s attorney has filed a brief pursuant to Anders v. California,
386 U.S. 738
(1967), averring that there are no potentially meritorious grounds for appeal. Counsel
nonetheless invites us to review the sufficiency of the Government’s evidence, the
computation of Kayian’s advisory Sentencing Guidelines range, and the reasonableness
of his downward variant sentence.
Upon review of the trial record, we conclude that the Government’s evidence was
more than sufficient to establish Kayian’s participation in a conspiracy to distribute 500
grams or more of methamphetamine. We further conclude that the trial testimony was
sufficient to support Kayian’s conviction for conspiracy to commit money laundering.
Finally, applying an abuse of discretion standard, we readily conclude that Kayian’s 324-
month, below Guideline sentence is procedurally and substantively reasonable. See Gall
v. United States,
552 U.S. 38, 51 (2007).
In accordance with Anders, we have reviewed the entire record in this case and
have found no meritorious issues for appeal. * We therefore affirm Kayian’s convictions
and sentence. This court requires that counsel inform Kayian, in writing, of the right to
petition the Supreme Court of the United States for further review. If Kayian requests
that a petition be filed, but counsel believes that such a petition would be frivolous, then
counsel may move in this court for leave to withdraw from representation. Counsel’s
motion must state that a copy thereof was served on Kayian. We deny Kayian’s motion
*
We have considered the other arguments raised in Kayian’s pro se supplemental
brief and reject them as meritless.
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to strike counsel’s response to Kayian’s pro se supplemental brief. We dispense with oral
argument because the facts and legal contentions are adequately presented in the
materials before this court and argument would not aid the decisional process.
AFFIRMED
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