United States v. Duarte

* 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that this opinion should not be published and is not precedent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.
United States Court of Appeals
Fifth Circuit
F I L E D
June 4, 2003
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 02-10854
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
FERMIN DUARTE,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:01-CR-331-3-P
--------------------
Before JONES, STEWART, and DENNIS, Circuit Judges.
PER CURIAM:*
Fermin Duarte appeals his sentence following his guilty-plea
conviction for conspiring to possess amphetamine with intent to
distribute. He contends that the district court erred in relying
upon the presentence report (PSR) for the drug quantity because the
PSR lacked sufficient indicia of reliability to support the
calculations. He has not established that the PSR lacked
sufficient indicia of reliability for sentencing purposes. Cf.

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No. 02-10854
-2-
United States v. Shacklett, 921 F.2d 580, 584 (5th Cir. 1991).
Because Duarte did not dispute the findings of the PSR, he cannot
show that the district court clearly erred in relying upon the
information contained in the PSR. See United States v. Alford, 142
F.3d 825, 832 (5th Cir. 1998); United States v. Davis, 76 F.3d 82,
84 (5th Cir. 1996).
Duarte also contends that the district court erred in denying
him a reduction pursuant to U.S.S.G. § 3B1.2 for his role as a
minor or minimal participant in the conspiracy. He has not
established that the district court committed clear error in
denying the reduction. See United States v. Gallegos, 868 F.2d
711, 713 (5th Cir. 1989). The judgment of the district court is
therefore AFFIRMED.

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