United States v. Conant ( 1998 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
Nos. 98-30082 & 98-30083
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JAMES L. KNOX, JR.,
Defendant-Appellant.
* * * * * * * * * * * * * *
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JEFFREY LEE CONANT,
Defendant-Appellant.
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Appeals from the United States District Court
for the Western District of Louisiana
USDC Nos. 97-CR-50044-1 & 97-CR-50044-5
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October 15, 1998
Before KING, BARKSDALE, and STEWART, Circuit Judges.
PER CURIAM:*
In these consolidated appeals, James L. Knox, Jr., and
Jeffrey Lee Conant appeal, respectively, their sentences for
conspiracy to possess and possession with intent to distribute
*
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that this opinion should not be published and is not precedent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.
Nos. 98-30082 & 98-30083
-2-
cocaine and for conspiracy to posses with intent to distribute
cocaine. Conant argues that the district court erred in refusing
to depart downwardly from the sentencing guidelines after the
Government refused to file a § 5K1.1 motion for a downward
departure based on substantial assistance. Because Conant has
not made a threshold showing of an unconstitutional motive, the
district court lacked the “authority to scrutinize the level of
[Conant’s] cooperation and interpose[] [its] own assessment of
its value.” United States v. Urbani, 967 F.2d 106, 109 (5th Cir.
1992).
Knox argues that the district court erred in increasing his
base offense level four points for being a leader or organizer
under U.S.S.G. § 3B1.1(a). The district court did not clearly
err in finding that Knox was an organizer or leader. United
States v. Puig-Infante, 19 F.3d 929, 944 (5th Cir. 1994).
AFFIRMED.