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U.S. v. DYESS

No. 11-7335.

730 F.3d 354 (2013)

UNITED STATES of America, Plaintiff-Appellee, v. Calvin Douglas DYESS, a/k/a Carlos, a/k/a Calcutta, a/k/a Rawmel, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: September 16, 2013.

Attorney(s) appearing for the Case

ARGUED: Jeffrey Michael Brandt , Robinson & Brandt, P.S.C., Covington, Kentucky, for Appellant. Kimberly Riley Pedersen , Office of United States Attorney, Alexandria, Virginia, for Appellee. ON BRIEF: Neil H. MacBride , United States Attorney, Alexandria, Virginia, for Appellee.

Affirmed by published opinion. Judge SHEDD wrote the opinion in which Judge NIEMEYER joined and in which Judge GREGORY joined as to Parts I, II, and IV. Judge GREGORY wrote a dissenting opinion as to Part III.

SHEDD, Circuit Judge:

Calvin Dyess pled guilty to conspiracy to distribute cocaine, cocaine base, and marijuana, in violation of 21 U.S.C. § 846 and 21 U.S.C. § 841(b), and conspiracy to commit money laundering, in violation of 18 U.S.C. § 1956, and was sentenced to life imprisonment. We affirmed his conviction and sentence on direct appeal. United States v. Dyess, 478 F.3d 224 (4th Cir. 2007) (Dyess I

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