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U.S. v. Elmore

February 28, 1997

UNITED STATES OF AMERICA

APPELLEE

v.

RAYMOND ELMORE

APPELLANT



On Appeal from the United States District Court for the Western District of Pennsylvania

(D.C. No. 95-cr-00117)

BEFORE: GREENBERG, COWEN and McKEE, Circuit Judges

COWEN, Circuit Judge.

Submitted Pursuant to Third Circuit LAR 34.1(a)

February 10, 1997

(Filed February 28, 1997)

OPINION

Raymond Elmore appeals from a judgment sentencing him to 108 months imprisonment to be followed by 5 years of supervised release. We will affirm.

I.

On August 9, 1995, a three-count indictment was filed in the United States District Court for the Western District of Pennsylvania charging Raymond Elmore with distributing and possessing with intent to distribute cocaine and cocaine base on three different occasions in violation of 21 U.S.C. Section(s) 841. Elmore entered a plea of guilty to count three of the indictment. Pursuant to a plea agreement with the government, counts one and two were subsequently dismissed.

The district court held a sentencing hearing on August 2, 1996. It assigned one criminal history point for each of four prior offenses *fn1 it found that Elmore had committed, two of which are at issue here. The first occurred in Pennsylvania in 1988 when, according to the Pre-Sentence Investigation ("PSI"), Elmore beat one Sherry Adams about the head and face, and threatened her with further violence. The PSI notes that when called to the scene, police noticed a fresh scratch on Adams' face. Elmore subsequently pled guilty to one count of harassment.

In the second incident, which occurred in Florida, police witnessed Elmore making threats against his wife and discovered a makeshift crack pipe in his car. There also were allegations that Elmore struck his wife at her place of employment. Elmore subsequently pled "no contest" to possession of drug paraphernalia and assault.

The district court additionally assigned two criminal history points on the basis of an outstanding warrant issued in March of 1992 by authorities in Palm Beach County, Florida. With a total offense level of 29 and a Criminal History Category of III, the applicable guideline range was 108 to 135 months imprisonment. The district court imposed a ...


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