United States v. Wayne Rodney Heim Dyan Jones Steven Robert Britenbach Dwayne Keith Fitzen

Wayne Rodney Heim, Dwayne Keith Fit-zen, Dyan Jones and Steven R. Britenbach appeal their convictions for conspiracy to distribute controlled substances in violation of 21 U.S.C. §§ 841 (a)(1) and 846. Britenbach also appeals his convictions on six counts of violating the Travel Act, 18'U.S.C. § 1952. Ml four defendants appeal their sentences. We have jurisdiction over their appeals pursuant to 28 U.S.C. § 1291 . The convictions of all four co-defendants and the sentences of Heim, Fitzen and Jones are affirmed in a separate unpublished disposition. In this opinion, we affirm Britenbach’s sentence.

I. FACTS

The evidence at trial established that defendants Heim, Fitzen, Jones and Britenbaeh conspired to distribute controlled substances in violation of 21 U.S.C. §§ 841 (a)(1) and 846. During the course of the conspiracy, Fitzen, Heim and Jones resided in Pocatello, Idaho while Britenbaeh operated in Southern California. Britenbaeh and, to a lesser extent, co-defendant Mike Luce (who pleaded guilty) supplied cocaine and marijuana to the Poca-tello co-conspirators.

The district court sentenced Britenbaeh as a career offender under § 4B1.1 of the United States Sentencing Guidelines.…