US v. Arlo Romano, No. 09-4259 (4th Cir. 2010)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 09-4259 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. ARLO WHITEOAK ROMANO, a/k/a Lo, Defendant - Appellant. Appeal from the United States District Court for the Northern District of West Virginia, at Clarksburg. Irene M. Keeley, District Judge. (1:08-cr-00059-IMK-JSK-1) Submitted: April 15, 2010 Before MOTZ and Circuit Judge. AGEE, Circuit Decided: Judges, and May 10, 2010 HAMILTON, Senior Affirmed by unpublished per curiam opinion. Lance E. Rollo, Morgantown, West Virginia, for Appellant. Betsy C. Jividen, Acting United States Attorney, Andrew R. Cogar, Assistant United States Attorney, Clarksburg, West Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Arlo Whiteoak Romano appeals the district court s decision to assess a two-level sentencing enhancement pursuant to U.S. Sentencing Guidelines Manual § 3B1.1(c) (2009), based on Romano s status as an organizer, supervisor of a drug conspiracy. and conclude that the evidence leader, manager, or We have reviewed the record of Romano s role in the conspiracy, including supplying drugs to street level dealers, recruiting at least one person into the conspiracy, and managing a substantial amount of drugs and money, supported application of the enhancement. Accordingly, dispense we with USSG § 3B1.1(c) & comment. affirm oral the argument district because court s the (nn. 2, 4). judgment. facts and We legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. AFFIRMED 2

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