United States v. Sims ( 1998 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 97-40702
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
COURTNEY RODELL SIMS,
Defendant-Appellant.
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Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 1:96-CR-120-2
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April 8, 1998
Before JOLLY, JONES, and DUHÉ, Circuit Judges.
PER CURIAM:*
Courtney Rodell Sims appeals his guilty-plea conviction for
possession with intent to distribute crack cocaine in violation
of 21 U.S.C. § 841(a)(1). Sims contends that the district court
clearly erred in refusing to reduce his offense level for his
minor or minimal role in the offense pursuant to U.S. Sentencing
Guidelines § 3B1.2. Because Sims was sentenced based on only the
actual amount of cocaine involved in the charged offense and not
the entire amount involved in the drug conspiracy, Sims was not
entitled to a reduction in his base offense level under § 3B1.2
*
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that this opinion should not be published and is not precedent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. 97-40702
-2-
even if his role in the larger conspiracy may have been minor or
minimal. See United States v. Flucas, 99 F.3d 177, 181 (5th Cir.
1996), cert. denied, 117 S. Ct. 1097 (1997); United States v.
Atanda, 60 F.3d 196, 199 (5th Cir. 1995).
AFFIRMED.