United States v. C. L. Tippett

United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 97-1413
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United States of America, *
*
Appellee, *
*
Appeal from the United States
v. *
District Court for the
*
Eastern District of Missouri.
C. L. Tippett, *
*
[UNPUBLISHED]
Appellant. *
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Submitted: August 7, 1997
Filed: August 25,
1997
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Before McMILLIAN, BEAM, and MORRIS SHEPPARD ARNOLD,
Circuit Judges.
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PER CURIAM.
C.L. Tippett challenges the 262-month sentence
imposed by the district court1 following his guilty plea
to attempting to possess cocaine with intent to
distribute, in violation of 21 U.S.C. § 846. We affirm.
1
The Honorable Donald J. Stohr, United States District Judge for the Eastern
District of Missouri.
On appeal, Tippett argues that the district court
erred in not assessing an additional 1-level reduction to
his base offense level under U.S. Sentencing Guidelines
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Manual § 3E1.1(b) (1995) for acceptance of
responsibility; in increasing his base offense level
under U.S. Sentencing Guidelines Manual § 3B1.1(c) (1995)
for being an organizer, leader, manager, or supervisor of
a criminal activity; and in not reducing his offense
level under U.S. Sentencing Guidelines Manual § 3B1.2(b)
(1995) for being a minor participant. Because Tippett
did not object to the presentence report or raise the
above arguments at sentencing, we review his contentions
only for plain error resulting in a fundamental
miscarriage of justice. See United States v. Robinson,
20 F.3d 320, 323 (8th Cir. 1994); United States v. Ball,
999 F.2d 339, 340-41 (8th Cir. 1993) (per curiam).
Having reviewed the record, we find no such error in the
district court&s adjustments to Perez&s base offense
level.
Accordingly, we affirm.
A true copy.
Attest:
CLERK, U.S. COURT OF APPEALS, EIGHTH
CIRCUIT.
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