United States v. Overton Wayne Pauley, 304 F.3d 335 (4th Cir. 2002). · Go Syfert
United States v. Overton Wayne Pauley, 304 F.3d 335 (4th Cir. 2002). Cases Citing This Book View Copy Cite
19 citation events (19 in the last 25 years) across 3 distinct courts.
Strongest positive: United States v. Saunders (ca4, 2004-01-22)
Top citers, strongest first. 5 distinct citers. How cited ↗
cited Cited as authority (rule) United States v. Saunders
4th Cir. · 2004 · confidence medium
United States v. Pauley, 289 F.3d 254, 261 (4th Cir.), modified, 304 F.3d 335, 336 (4th Cir.2002), cert. denied, 537 U.S. 1178 , 123 S.Ct. 1007 , 154 L.Ed.2d 925 (2003).
cited Cited "see" United States v. Carl Clark
4th Cir. · 2019 · signal: see · confidence high
See United States v. Pauley, 289 F.3d 254, 258-59 (4th Cir.), modified on reh’g on other grounds, 304 F.3d 335 (4th Cir. 2002).
discussed Cited "see" United States v. Otis Burns
4th Cir. · 2015 · signal: accord · confidence high
Accord United States v. Pauley, 289 F.3d 254, 261 (4th Cir.), modified on reh’g on other grounds, 304 F.3d 335 (4th Cir.2002) (noting that the defendant “failed to demonstrate his entitlement to a reduction for acceptance of responsibility” because, among other reasons, “he continue[d] to deny his culpability for the execution-style double murder of [two people by] asserting that the death of [one victim] was the result of an accidental firing”).
cited Cited "see" United States v. Abdul-Aziz
4th Cir. · 2009 · signal: see · confidence high
See United States v. Pauley, 289 F.3d 254, 259 (4th Cir.2002), modified on reh’g, 304 F.3d 335 (4th Cir.2002).
cited Cited "see" United States v. Robinson
4th Cir. · 2004 · signal: see · confidence high
See United States v. Pauley, 289 F.3d 254, 261 (4th Cir.), modified, 304 F.3d 335 (4th Cir.2002), cert. denied, 537 U.S. 1178 , 123 S.Ct. 1007 , 154 L.Ed.2d 925 (2003).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
Overton Wayne PAULEY, Defendant-Appellant
00-4359.
Court of Appeals for the Fourth Circuit.
Sep 18, 2002.
304 F.3d 335
ARGUED: David Robert Bungard, Robinson & McElwee, L.L.P., Charleston, West Virginia, for DefendanD-Appellant. John Castle Parr, Assistant United States Attorney, Huntington, West Virginia, for Plaintiff-Appellee. ON BRIEF: Rebecca A. Betts, United States Attorney, Stephanie Taylor, Student Intern, Huntington, West Virginia, for Plaintiff-Appellee.
Widener, Gregory, Hall, Ninth.
Cited by 19 opinions  |  Published

Prior panel opinion modified and district court judgment affirmed by published PER CURIAM opinion.

OPINION

PER CURIAM.

Overton Wayne Pauley was indicted for and convicted of a drug offense. He appealed his conviction and we vacated and remanded in part and affirmed in part, by published opinion. United States v. Pauley, 289 F.3d 254 (4th Cir.2002). We now grant appellee’s petition for rehearing and, after having had the benefit of briefing and dispensing with oral argument, modify our prior opinion, in light of the United States Supreme Court decision in United States v. Cotton, 535 U.S. 625, 122 S.Ct. 1781, 152 L.Ed.2d 860 (2002), so as to affirm the sentence that we previously vacated.

Under the standard of “plain error” appellate review set forth by the Supreme Court in Cotton, we are required to affirm the district court’s original sentence where, as here, there is “overwhelming” and “essentially uncontroverted,” Cotton, 535 U.S. at-, 122 S.Ct. at 1786, evidence of the defendant’s participation in a drug crime involving at least as great a drug quantity as is required to support the relevant § 841(b)(1) sentence maximum. The district court sentenced Pauley to 40 years imprisonment, the statutory maximum authorized by § 841(b)(1)(B). Section 841(b)(1)(B) is triggered by either 5 grams or more of methamphetamine or 50 grams or more of a mixture containing a detectable amount of methamphetamine. Because there was overwhelming and unconverted evidence that Pauley participated in a drug crime involving at least 56 grams of methamphetamine, and Pauley’s sentence did not exceed the maximum allowable under § 841(b)(1)(B), we affirm his original sentence.

We leave our prior panel opinion intact in all other respects.

It is so ordered.