U.S. Court of Appeals for the Fifth Circuit, 2002

United States v. White

United States v. White
U.S. Court of Appeals for the Fifth Circuit · Decided February 25, 2002

United States v. White

Opinion

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 01-30537 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee, versus ANTONIO WHITE, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Western District of Louisiana USDC No. 00-CR-30023-ALL -------------------- February 21, 2002 Before JOLLY, JONES, and BENAVIDES, Circuit Judges.

PER CURIAM:* Antonio L. White pleaded guilty to one count of conspiracy to possess with intent to distribute 50 grams or more of cocaine base. White appeals his sentence arguing that the district court erred in finding him responsible for 56.7 grams of cocaine base.

The district court’s determination of the quantity of drugs for sentencing purposes is a factual finding that we review for clear error. United States v. Torres, 114 F.3d 520, 527 (5th Cir. 1997). The testimony of the probation officer is the only evidence in the record regarding the drug transactions in * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 01-30537 -2- question. The testimony supports the district court’s finding regarding the amount of cocaine base that is relevant conduct to White’s offense of conviction. Accordingly, White cannot show that the district court was clearly erroneous in its factual finding.

AFFIRMED.

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