United States v. Bullard

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
__________________
No. 95-40614
Conference Calendar
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UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
BILLY DON BULLARD,
Defendant-Appellant.
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Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 6:94-CR-56
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June 27, 1996
Before HIGGINBOTHAM, BARKSDALE, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Billy Don Bullard appeals his sentence for distributing a
listed precursor chemical in violation of 21 U.S.C. § 841(d)(2).
Bullard argues that the district court erred by considering
uncharged criminal conduct in determining the relevant quantity
of drugs for sentencing purposes; the quantity of drugs is too
uncertain to support his sentence; and the district court should
have reduced his sentence because he had a minor role in the
*
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that this opinion should not be published and is not precedent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.
No. 95-40614
-2-
offense. The district court did not err by considering Bullard's
uncharged drug-related activities in determining the relevant
quantity of drugs, and it did not plainly err in its factual
determination of the relevant quantity of drugs. United States
v. Moore, 927 F.2d 825, 827 (5th Cir.) (internal quotation and
citation omitted), cert. denied, 502 U.S. 871 (1991); United
States v. Rodriguez, 15 F.3d 408, 414-15 (5th Cir. 1994).
Bullard is not entitled to appellate relief because the district
court declined to reduce his offense level based on his role in
the offense. United States v. Edwards, 65 F.3d 430, 434 (5th
Cir. 1995).
AFFIRMED.