United States v. Jones

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
July 7, 2004
FOR THE FIFTH CIRCUIT
Charles R. Fulbruge III
Clerk
No. 03-51162
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-
Appellee,
versus
PATRICK ALEXANDER JONES,
Defendant-
Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. W-02-CR-193-1
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Before SMITH, DeMOSS AND STEWART, Circuit Judges.
PER CURIAM:*
Patrick Alexander Jones appeals his conviction and sentence for possession of cocaine base
with intent to distribute in violation of 21 U.S.C. § 841(a). He contends that there was insufficient
evidence to establish that the contraband was cocaine base (as opposed to some other variant of
*
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 R. 47.5, the court has determined that this opinion should not be
published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.
cocaine). However, Jones has not shown that the factual finding was plain error in light of the expert
testimony offered at trial. See United States v. Dukes, 139 F.3d 469, 474 (5th Cir. 1998).
None of Jones’s arguments regarding sentencing merit relief. He has not shown that
testimony of a witness who had entered into a plea bargain with the government was incredible or
insubstantial on its face. See United States v. Bermea, 30 F.3d 1539, 1552 (5th Cir. 1994). Jones
has not shown that the district court clearly erred by arrogating money found on him to his drug
trade. See United States v. Johnston, 127 F.3d 380, 403 5th Cir. 1997). Finally, Jones has not shown
that the district court’s determination that he was running a prostitution ring related to his drug trade
was clearly erroneous. See United States v. Parker, 133 F.3d 322, 329-30 (5th Cir. 1998).
AFFIRMED.
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