United States v. Gell

[NOT FOR PUBLICATION]
UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
No. 97-1685
UNITED STATES,
Appellee,
v.
DAVID GELL,
Defendant, Appellant.
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MAINE
[Hon. D. Brock Hornby, U.S. District Judge]
Before
Boudin, Stahl and Lynch,
Circuit Judges.
Thomas V. Laprade and Lambert, Coffin, Rudman & Hochman on brief
for appellant.
Jay P. McCloskey, United States Attorney, Margaret D. McGaughey,
and Helene Kazanjian Assistant United States Attorneys, on brief for
appellee.
February 4, 1998
Per Curiam. We have thoroughly reviewed the record
on appeal and the submissions of the parties, and we affirm.
Since the government's witness at sentencing testified that
he had purchased at least five kilograms of cocaine from the
appellant during 1995 alone, and that appellant had sold
cocaine to the witness on several other occasions, there was
no clear error in the sentencing court's conclusion that
appellant was responsible for the distribution of at least
five kilograms. United States v. Lindia, 82 F.3d 1154, 1159
(1st Cir. 1996) (sentencing court must make credibility
determinations, and reviewing court will only set those aside
for clear error). It is apparent from the sentencing
transcript and from the sentencing court's written statement
of reasons that the court relied on that evidence. United
States v. Van, 87 F.3d 1 (1st Cir. 1996). Thus, the court
properly adopted a base offense level of 32, pursuant to
U.S.S.G. 2D1.1(c)(4).
Affirmed. Loc. R. 27.1.
-2-