Summary Calendar UNITED STATES OF AMERICA v. Lindsay Marni Mendez

* 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that this opinion should not be published and is not precedent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.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-40013
Summary Calendar
UNITED STATES OF AMERICA
Plaintiff - Appellee
v.
LINDSAY MARNI MENDEZ
Defendant - Appellant
--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. L-99-CR-378-2
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October 26, 2000
Before KING, Chief Judge, and WIENER and DENNIS, Circuit Judges.
PER CURIAM:*
Lindsay Marni Mendez appeals his sentence stemming from his
conviction for conspiracy to possess with intent to distribute in
excess of 500 grams of cocaine, in violation of 21 U.S.C. §§ 846,
841(a)(1) and (b)(1)(B), and aiding and abetting the possession
with intent to distribute, in violation of 21 U.S.C. §§ 841(a)(1)
and (b)(1)(B), and 18 U.S.C. § 2. He contends that the district
court violated Fed. R. Crim. P. 32(c)(1) by failing to make
specific findings resolving his objection to the presentence
report that he should have been held accountable for the weight

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No. 00-40013
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of the cocaine only, i.e., the crystallized cocaine distilled
from its liquid medium. Mendez also avers that the district
court erred in calculating the quantity of drugs attributable to
him for sentencing purposes.
The district court did not violate Rule 32(c)(1) by failing
to make specific findings with regard to the drug-quantity
calculation. United States v. Garcia, 86 F.3d 394, 401 (5th Cir.
1996). We also find that the district court’s determination that
the liquid cocaine was a mixture within the meaning of U.S.S.G.
§ 2D1.1 was not clearly erroneous. United States v. Alford, 142
F.3d 825, 831 (5th Cir. 1998); United States v. Palacios-Molina,
7 F.3d 49, 54 (5th Cir. 1993). Mendez’s sentence is therefore
AFFIRMED.
AFFIRMED.

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