United States v. Dudley ( 2000 )

No. 99-40642
-1-
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 99-40642
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
DERRICK DUDLEY,
Defendant-Appellant.
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Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 1:98-CR-78-1
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February 17, 2000
Before EMILIO M. GARZA, BENAVIDES, and DENNIS, Circuit Judges.
PER CURIAM:*
Derrick Dudley pleaded guilty pursuant to a plea agreement
to one count of possession with intent to distribute marijuana,
in violation of 21 U.S.C. § 841(a)(1). The district court
sentenced Dudley to 60 months’ imprisonment and a two-year term
of supervised release. Dudley appeals his sentence.
Dudley contends that the district court erred in calculating
the amount of drugs attributable to him because the presentence
report on which the district court relied did not possess
sufficient indicia of reliability. This court reviews a district
court’s factual findings concerning the quantity of drugs
*
Pursuant to 5TH CIR. R. 47.5, the court has determined that
this opinion should not be published and is not precedent except
under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
No. 99-40642
-2-
implicated by the crime for clear error. United States v. Davis,
76 F.3d 82, 84 (5th Cir. 1996). Our review of the record reveals
no error, clear or otherwise, in the district court’s finding
that an aggregate quantity of 1254.04 kilograms of marijuana was
attributable to Dudley for sentencing purposes.
AFFIRMED.