United States v. Wilks ( 2003 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 02-50231
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
LARRY RICHARD WILKS, JR.,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. P-01-CR-357-2
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February 18, 2003
Before JOLLY, HIGGINBOTHAM, and DAVIS, Circuit Judges.
PER CURIAM:*
Larry Richard Wilks, Jr. (“Wilks”) appeals the sentencing
following his guilty plea conviction for possession with the
intent to distribute methamphetamine. Wilks argues that the
district court erred in not reducing his base offense level by
five levels after determining that he was entitled to a safety
valve adjustment and a U.S.S.G. § 5K1.1 downward departure. This
court reviews the district court’s application of the Sentencing
Guidelines is de novo. United States v. Charles, 301 F.3d 309,
*
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that this opinion should not be published and is not precedent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. 02-50231
-2-
312-13 (5th Cir. 2002) (en banc). If the oral sentence is
ambiguous, this court will look to the written judgment to
determine the intent of the district court. Schurmann v. United
States, 658 F.2d 389, 390-91 (5th Cir. 1981).
The record indicates that the district court determined that
Wilks’ total offense level was 22 after granting the Government’s
motion for a downward departure, and that Wilks was sentenced
within the guideline range. Consequently, the district court did
not err in sentencing Wilks.
AFFIRMED.