United States of America v. Tarren Ramone Hughey, a/k/a Ty

UNPUBLISHED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Affirmed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.

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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. He now appeals, claiming that the
Government breached the plea agreement when it moved for an
upward departure or variance from Hughey’s Guidelines range
based on under-representation of his criminal history. We
affirm.
Hughey concedes that the Government did not expressly
agree not to request an upward departure and, contrary to
Hughey’s assertion, no such promise was implied in the plea
agreement. 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

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