United States v. Sharp

UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
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No. 98-41496
Summary Calendar
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UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
TOMMY DARRELL SHARP,
Defendant-Appellant.
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Appeal from the United States District Court
for the Eastern District of Texas
(98-CR-7-3)
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May 24, 1999
Before POLITZ, BARKSDALE, and STEWART, Circuit Judges.
PER CURIAM:*
Tommy Darrell Sharp challenges his sentence following his
guilty plea to use of a communication facility to facilitate a drug
trafficking offense, asserting that the district court erred in
enhancing his sentence pursuant to U.S.S.G. § 2D1.1(b)(1) for
possessing a handgun during the commission of the offense. He
contends that he was not the owner of the handgun, did not utilize
or physically possess it, and did not direct that it be used during
the commission of the offense.
As is well established, we review a district court’s factual
findings, such as the application of § 2D1.1(b)(1), only for clear
*
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this opinion should not be published and is not precedent except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.
error. E.g., United States v. Buchanan, 70 F.3d 818, 827-28 (5th
Cir. 1995). Inasmuch as Sharp knew his codefendant possessed a gun
during the transaction, we find no clear error. See United States
v. Thomas, 120 F.3d 564, 574 (5th Cir. 1997), cert. denied, 118
S.Ct. 721 (1998).
AFFIRMED
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