United States v. Owens

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 97-10309
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
TERRY LEE OWENS,
Defendant-Appellant.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:95-CR-172-A
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October 21, 1997
Before POLITZ, Chief Judge, and WIENER and DENNIS, Circuit Judges.
PER CURIAM:*
Terry Lee Owens appeals the calculation of his sentence for
distribution of cocaine base. The district court did not plainly
err in relying on information in the PSR, which bore sufficient
indicia of reliability for use in calculating Owens’ sentencing
guideline range. See United States v. Fitzgerald, 89 F.3d 218,
223 (5th Cir.), cert. denied, 117 S. Ct. 446 (1996); United
States v. Fierro, 38 F.3d 761, 774 (5th Cir. 1994).
*
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that this opinion should not be published and is not precedent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. 97-10309
-2-
Owens’ ineffective-assistance-of-counsel claim was not
raised below, and the record has not been sufficiently developed
for evaluation of the merits of the claim. See United States v.
Higdon, 832 F.2d 312, 313-14. (5th Cir. 1987).
AFFIRMED.