United States v. Reynolds ( 2001 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-10543
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
MICHAEL REYNOLDS,
Defendant-Appellant.
- - - - - - - - - -
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:99-CR-277-1-A
- - - - - - - - - -
February 14, 2001
Before SMITH, BARKSDALE, and EMILIO M. GARZA, Circuit Judges.
PER CURIAM:*
Michael Reynolds appeals his sentence following his guilty-
plea conviction for possession with intent to distribute
methamphetamine, 21 U.S.C. § 841(a)(1). Reynolds argues that the
district court clearly erred in its attribution of drug quantity
by including the $26,800 seized from Reynolds’ home safe as
proceeds from the sale of methamphetamine. We have reviewed the
record, the briefs of the parties, and the applicable law, and we
find no reversible error.
*
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that this opinion should not be published and is not precedent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. 00-10543
-2-
The $26,800 at issue was located in the safe alongside a
handgun and an additional quantity of methamphetamine, and the
district court found that this, along with the over $10,000 on
Reynolds’ person at the time of his arrest for selling
methamphetamine, was sufficient evidence showing that the
currency was proceeds from Reynolds’ sale of methamphetamine.
See United States v. Martinez, 808 F.2d 1050, 1057 (5th Cir.
1987) (recognizing “that firearms are the ‘tools of the trade’ of
those engaged in illegal drug activities and are highly probative
in proving criminal intent.”). Based on the information before
the court, the district court’s determination was not clearly
erroneous that the $26,800 was drug proceeds and therefore
attributable to Reynolds for purposes of the drug-quantity
calculation. See United States v. Fitzgerald, 89 F.3d 218, 223-
24 (5th Cir. 1996). The judgment is AFFIRMED.