United States v. White

* 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that this opinion should not be published and is not precedent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. 01-30537
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ANTONIO WHITE,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 00-CR-30023-ALL
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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

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No. 01-30537
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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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