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United States v. Troy Pelts, A/K/A James Lee Start, 12 F.3d 206, 4th Cir. (1993)

This document summarizes a court case from the United States Court of Appeals for the Fourth Circuit. Troy Pelts pled guilty to conspiracy to distribute crack cocaine and possession with intent to distribute. He appealed his career offender sentence, arguing his criminal history was overstated. The district court considered this argument but found criminal history category VI did not overstate Pelts' past conduct and declined to depart downward. The Fourth Circuit dismissed the appeal, as a failure to depart downward is not appealable under prior rulings.

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22 views2 pages

United States v. Troy Pelts, A/K/A James Lee Start, 12 F.3d 206, 4th Cir. (1993)

This document summarizes a court case from the United States Court of Appeals for the Fourth Circuit. Troy Pelts pled guilty to conspiracy to distribute crack cocaine and possession with intent to distribute. He appealed his career offender sentence, arguing his criminal history was overstated. The district court considered this argument but found criminal history category VI did not overstate Pelts' past conduct and declined to depart downward. The Fourth Circuit dismissed the appeal, as a failure to depart downward is not appealable under prior rulings.

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12 F.

3d 206

NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of


unpublished dispositions is disfavored except for establishing
res judicata, estoppel, or the law of the case and requires
service of copies of cited unpublished dispositions of the Fourth
Circuit.
UNITED STATES of America, Plaintiff-Appellee,
v.
Troy PELTS, a/k/a James Lee Start, Defendant-Appellant.
No. 93-5402.

United States Court of Appeals,


Fourth Circuit.
Submitted: October 25, 1993.
Decided: November 17, 1993.

Appeal from the United States District Court for the Middle District of
North Carolina, at Winston-Salem.
Thomas H. Johnson, Jr., for Appellant.
Benjamin H. White, Jr., United States Attorney, Paul A. Weinman,
Assistant United States Attorney, for Appellee.
M.D.N.C.
DISMISSED.
Before ERVIN, Chief Judge, and PHILLIPS and WILKINSON, Circuit
Judges.
PER CURIAM:

OPINION
1

Troy Pelts entered a guilty plea to one count of conspiracy to distribute more

than fifty grams of cocaine base (crack) in violation of 21 U.S.C.A. Sec. 846
(West Supp. 1993), and one count of possession of cocaine base with intent to
distribute in violation of 21 U.S.C.A. Sec. 841 (West 1981 & Supp. 1993), 18
U.S.C.Sec. 2 (1988). He appeals his career offender sentence on the ground that
the district court erred in failing to depart for overstated criminal history.
United States Sentencing Commission, Guidelines Manual, Sec. 4A1.3, p.s.
(Nov. 1992). We dismiss the appeal for lack of jurisdiction.
2

Pelts had twelve criminal history points. His prior criminal conduct included
state convictions for attempted robbery and possession of cocaine base for sale,
which made him a career offender. U.S.S.G. Sec. 4B1.1. After considering
defense counsel's argument for a downward departure, the district court found
that criminal history category VI did not significantly overstate his past
criminal conduct. The court declined to depart. A failure to depart is not
appealable. United States v. Bayerle, 898 F.2d 28 (4th Cir.), cert. denied, 498
U.S. 819 (1990).

We therefore dismiss the appeal. 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.
DISMISSED

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