United States of America v. Jerrell Leon Johnson, a/k/a Jay

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 99-4946
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
JERRELL LEON JOHNSON, a/k/a Jay,
Defendant - Appellant.
Appeal from the United States District Court for the Southern Dis-
trict of West Virginia, at Huntington. Robert C. Chambers, District
Judge. (CR-99-39)
Submitted: April 20, 2000 Decided: May 1, 2000
Before WILKINS, MOTZ, and TRAXLER, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Lawrence J. Lewis, FLESHER & LEWIS, Huntington, West Virginia, for
Appellant. Rebecca A. Betts, United States Attorney, John C. Parr,
Assistant United States Attorney, Huntington, West Virginia, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

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PER CURIAM:
Jerrell Leon Johnson appeals from the 120-month sentence im-
posed following his guilty plea to conspiracy to distribute and
possess with intent to distribute crack cocaine, 21 U.S.C. § 846
(1994). Johnson claims that the district court erred by taking
into account his sister’s grand jury testimony in determining his
relevant conduct. We have reviewed the briefs and the record and
find that the district court did not clearly err by attributing to
him the 56 grams of cocaine as the result of his sister’s testi-
mony. See United States v. McHan, 101 F.3d 1027, 1034 (4th Cir.
1996). Accordingly, we affirm Johnson’s sentence. We dispense
with oral argument because the facts and legal contentions are
adequately presented in the materials before the court and argument
would not aid the decisional process.
AFFIRMED

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