United States v. Johnson
United States v. Johnson
Opinion
IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT
No. 99-60075 Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
MARIO JOHNSON,
Defendant-Appellant.
-------------------- Appeal from the United States District Court for the Northern District of Mississippi USDC No. 4:98-CR-52-2-B-B --------------------
October 19, 1999
Before JONES, SMITH, and STEWART, Circuit Judges.
PER CURIAM:*
Mario Johnson argues that the district court clearly erred
in holding him responsible for drugs seized from the residence of
codefendant Archie Moore Williams because the court did not make
a specific finding that Johnson and Williams were engaged in a
jointly undertaken criminal activity. It is implicit from the
record that the district court found that Johnson and Williams
engaged in a jointly undertaken criminal activity. Because
Johnson does not dispute that he sold cocaine base supplied by
* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 99-60075 -2-
Williams from the porch of Williams’ house and that Williams
directed prospective purchasers to Johnson, he has failed to
establish that the district court’s determination is clearly
erroneous. United States v. Morrow,
177 F.3d 272, 302(5th Cir.
1999); see U.S.S.G. § 1B1.3.
AFFIRMED.
Reference
- Status
- Unpublished