US v. Tarren Hughey, No. 13-4525 (4th Cir. 2014)

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-4525 UNITED STATES OF AMERICA, Plaintiff Appellee, v. TARREN RAMONE HUGHEY, a/k/a Ty, Defendant - Appellant. Appeal from the United States District Court for the District of South Carolina, at Columbia. Cameron McGowan Currie, Senior District Judge. (3:12-cr-00850-CMC-1) Submitted: March 18, 2014 Decided: April 4, 2014 Before KEENAN, DIAZ, and FLOYD, Circuit Judges. Affirmed by unpublished per curiam opinion. Parks N. Small, Federal Public Defender, Columbia, South Carolina, for Appellant. William N. Nettles, United States Attorney, William K. Witherspoon, Assistant United States Attorney, Columbia, South Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Tarren Ramone Hughey pled guilty to conspiracy to commit Hobbs Act robbery, 18 U.S.C. § 1951(a), and was sentenced to 188 months imprisonment. Government upward based breached departure on the or He now appeals, claiming that the plea agreement variance from under-representation of when Hughey s his it moved for Guidelines criminal an range history. We affirm. Hughey concedes that the Government did not expressly agree not Hughey s to request assertion, agreement. no an upward such departure promise was and, implied contrary in the to plea We therefore conclude that Hughey has not met his burden of establishing by a preponderance of the evidence that a breach occurred. See United States v. Snow, 234 F.3d 187, 189 (4th Cir. 2000). Accordingly, we affirm. 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. AFFIRMED 2

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