United States v. Meadows ( 1999 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 99-40098
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
DARRYL MEADOWS,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. B-98-CR-443-1
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December 14, 1999
Before JOLLY, HIGGINBOTHAM, and BARKSDALE, Circuit Judges.
PER CURIAM:*
Darryl Meadows appeals his sentence for conspiracy to
possess with the intent to distribute approximately 97 kilograms
of marijuana, in violation of 21 U.S.C. §§ 846 and 841(b)(1)(C),
and possession with the intent to distribute 97 kilograms of
marijuana, in violation of 21 U.S.C. §§ 841(a)(1) and
841(b)(1)(C). Meadows contends that the district court erred in
determining that 17 additional transactions involving 2,549
pounds of marijuana and eight kilograms of cocaine qualified as
relevant conduct. Meadows also contends that the district court
*
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that this opinion should not be published and is not precedent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. 99-40098
-2-
erred in determining that he played a managerial role in the
offense under U.S.S.G. § 3B1.1(c).
We have reviewed the record and briefs submitted by the
parties and find that the district court’s findings that Meadows
possessed the additional 2,549 pounds of marijuana and eight
kilograms of cocaine, and that he played a managerial role in the
offense, were supported by a preponderance of the evidence and
were not clearly erroneous. United States v. Bryant, 991 F.2d
171, 177 (5th Cir. 1993); United States v. Okoli, 20 F.3d 615,
616 (5th Cir. 1994).
AFFIRMED.