United States v. Cucci

Vittorio Giuseppe Cucci appeals from the district courts denial of relief on his motion filed under 28 U.S.C.A. § 2255 (West 1994 & Supp. 1998). To the extent that Cucci contends the trial court erred in finding him responsible for five kilograms of cocaine, our review of the record discloses ample evidence to support such a finding. See U.S. Sentencing Guidelines Manual § 2D1.1, comment. (n.12) (1997). The trial courts finding that Cucci had both the intent and the capability of delivering five kilograms of cocaine was not clearly erroneous, and thus the district court did not err in denying Cuccis § 2255 motion on this ground. See USSG § 2D1.1, comment. (n.12); United States v. Brooks, 957 F.2d 1138, 1151 (4th Cir. 1992).