United States v. West

UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
__________________
No. 95-50827
Summary Calendar
__________________
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
KENT NIGEL WEST,
Defendant-Appellant.
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Appeal from the United States District Court for the
Western District of Texas
(EP-95-CR-140)
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June 27, 1996
Before SMITH, BENAVIDES, and DENNIS, Circuit Judges.
PER CURIAM:*
Kent Nigel West appeals his conviction and sentence for aiding
and abetting a conspiracy to possess with intent to distribute
cocaine. West challenges the sufficiency of the evidence of guilt.
Because a jury could rationally have found beyond a reasonable
*
Pursuant to Local Rule 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this opinion should not be published and is not precedent except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 Local Rule 47.5.4.
doubt that West had associated with and participated in the
criminal enterprise, participated in the venture, and had sought by
his actions to make the venture succeed, we hold that the evidence
of guilt was sufficient to sustain the conviction. See United
States v. Martinez, 555 F.2d 1269, 1271 (5th Cir. 1977).
West also challenges the district court's calculation of his
sentence under the Sentencing Guidelines. We hold that the
district court did not err in refusing to award a downward
adjustment for acceptance of responsibility and did not commit
clear error in refusing to hold that West had a minimal role in the
criminal venture. See U.S.S.G. §§ 3B1.2, comment. (n.1), and
3E1.1, comment. (n.2); see also United States v. Zuniga, 18 F.3d
1254, 1260-61 (5th Cir.), cert. denied, 115 S. Ct. 214 (1994).
AFFIRMED.
2