United States v. Seale ( 1999 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 98-4719
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
COLIN SEALE, a/k/a Andy Seale,
Defendant - Appellant.
Appeal from the United States District Court for the District of
South Carolina, at Florence. C. Weston Houck, Chief District Judge.
(CR-97-663)
Submitted: August 31, 1999 Decided: September 30, 1999
Before WILKINS and NIEMEYER, Circuit Judges, and BUTZNER, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
Deborah R.J. Shupe, LOUTHIAN & LOUTHIAN, Columbia, South Carolina,
for Appellant. J. Rene Josey, United States Attorney, Alfred W.
Bethea, Jr., Assistant United States Attorney, Florence, South
Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Colin Seale pled guilty under a plea agreement to conspiracy
to distribute cocaine base. On appeal, Seale alleges that the dis-
trict court erred by failing to find that he had provided sub-
stantial assistance to the Government, meriting a motion under the
agreement for a downward departure under U.S. Sentencing Guidelines
Manual, § 5K1.1, p.s. (1997). We do not find that the district
court clearly erred in its finding that Seale failed to provide
substantial assistance. See United States v. Conner, 930 F.2d
1073, 1076 (4th Cir. 1991). Accordingly, we affirm Seale’s convic-
tion and sentence. We dispense with oral argument because the
facts and legal contentions are adequately presented in the ma-
terials before the court and argument would not aid the decisional
process.
AFFIRMED
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