United States v. Bryant Jennings
United States v. Bryant Jennings
Opinion
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No. 96-3347 ___________
United States of America, * * Appellee, * * v. * Appeal from the United States * District Court for the Bryant Craig Jennings, also * District of Minnesota. known as Bryant Craig Johnson, * also known as Ricky Larry * [UNPUBLISHED] Jefferson, * * Appellant. *
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Submitted: January 29, 1997
Filed: March 6, 1997 ___________
Before HANSEN, MORRIS SHEPPARD ARNOLD, and MURPHY, Circuit Judges. ___________
PER CURIAM.
Bryant Craig Jennings appeals the 192-month sentence imposed by the district court1 after he pleaded guilty to conspiring to distribute cocaine and cocaine base, in violation of 21 U.S.C. § 846 (1994). Jennings challenges the two-level role-in-the-offense enhancement of his sentence under U.S. Sentencing Guidelines Manual § 3B1.1(c) (1995).
We conclude the district court did not clearly err in determining the role-in-the-offense enhancement was appropriate. See United States v. Pena, 67 F.3d 153, 157 (8th Cir. 1995) (standard of review). During the evidentiary hearing on the role
1 The Honorable Paul A. Magnuson, Chief Judge, United States District Court for the District of Minnesota. in-the-offense enhancement, the government introduced recorded conversations between Jennings, codefendant Philfield Goodar, and a confidential informant which indicate Jennings controlled and priced the drugs he sold to the informant. In addition, ATF Special Agent Catherine Kaminski, whom the district court found credible, testified that Goodar acted as a narcotics courier for Jennings. See United States Sentencing Commission, Guidelines Manual, § 3B1.1(c), comment. (n.2) (Nov. 1995) (to receive two-level enhancement defendant need only have organized, supervised, led, or managed one other participant); United States v. Hazelett, 80 F.3d 280, 284 (8th Cir.) (so long as sufficient evidence supports district court's conclusion that defendant controlled at least one person, two-level enhancement not clearly erroneous), cert denied, 117 S. Ct. 409 (1996); see also United States v. Adipietro, 983 F.2d 1468, 1472 (8th Cir. 1993) (sentencing guidelines case; district court's credibility findings are virtually unreviewable on appeal).
Accordingly, we affirm.
A true copy.
Attest:
CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
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Reference
- Status
- Unpublished