IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 97-40702 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee, versus COURTNEY RODELL SIMS, Defendant-Appellant.

- - - - - - - - - - Appeal from the United States District Court for the Eastern District of Texas USDC No. 1:96-CR-120-2 - - - - - - - - - - April 8, 1998 Before JOLLY, JONES, and DUHÉ, Circuit Judges.

PER CURIAM:* Courtney Rodell Sims appeals his guilty-plea conviction for possession with intent to distribute crack cocaine in violation of 21 U.S.C. § 841(a)(1). Sims contends that the district court clearly erred in refusing to reduce his offense level for his minor or minimal role in the offense pursuant to U.S. Sentencing Guidelines § 3B1.2. Because Sims was sentenced based on only the actual amount of cocaine involved in the charged offense and not the entire amount involved in the drug conspiracy, Sims was not entitled to a reduction in his base offense level under § 3B1.2 * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 97-40702 -2- even if his role in the larger conspiracy may have been minor or minimal. See United States v. Flucas, 99 F.3d 177, 181 (5th Cir. 1996), cert. denied, 117 S. Ct. 1097 (1997); United States v. Atanda, 60 F.3d 196, 199 (5th Cir. 1995).

AFFIRMED.