Submitted November 11, 2014.
Appeal from United States District Court for the Western District of Missouri - Jefferson City.
For United States of America, Plaintiff - Appellee: Lauren E. Kummerer, Assistant U.S. Attorney, Lawrence E. Miller, Assistant U.S. Attorney U.S. Attorney's Office, Western District of Missouri, Jefferson City, MO.
Mitchell Lynn Atterberry, Defendant - Appellant, Pro se, Bruceton Mills, WV.
For Mitchell Lynn Atterberry, Defendant - Appellant: Elizabeth Unger Carlyle, Kansas City, MO.
Before BYE, SHEPHERD, and KELLY, Circuit Judges.
Mitchell Atterberry pleaded guilty to conspiracy to distribute, and to possess with the intent to distribute, methamphetamine, in violation of 21 U.S.C. § § 846, 841(a)(1) and (b)(1)(B), and 851 (Count 1), and possession with intent to distribute methamphetamine, in violation of 21 U.S.C. § § 841(a)(1), (b)(1)(C), and 851 (Count 2). He was sentenced to a total term of imprisonment of 240 months. Atterberry appeals, arguing the district court erred in its determination of drug quantity. We affirm.
Atterberry and his co-defendant, Tami Zeugin, came in contact with law enforcement seven times over an approximately two-year period through traffic stops, the execution of search warrants, and a controlled buy. Each time, officers seized methamphetamine; more than 54 grams of methamphetamine were seized over the two-year period, as well as more than $20,000 in cash. The government presented evidence tat this amount of cash translated to 496 grams of methamphetamine.
Within days of his arrest, Atterberry agreed to speak with Drug Enforcement Administration Agent Steve Mattas in an attempt to cooperate. Atterberry admitted obtaining a quarter- to a half-pound of methamphetamine twice per week for the previous two years. Agent Mattas also interviewed Zeugin, who likewise estimated she and Atterberry purchased between a quarter- and half-pound twice per week over a two-year period.
Atterberry's presentence report (PSR) initially recommended a base offense level of 26. This was based on the 54 grams actually seized from Atterberry and Zeugin as well as the additional amount of methamphetamine that the seized cash represented. The government objected, asserting Atterberry's and Zeugin's ...