United States v. Padgett

* 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that this opinion should not be published and is not precedent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
April 23, 2003
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 02-50770
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
DENNIS KEITH PADGETT,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. W-02-CR-44-ALL
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Before DAVIS, BARKSDALE, and STEWART, Circuit Judges.
PER CURIAM:*
Dennis Keith Padgett appeals his guilty-plea conviction for
attempted manufacture of methamphetamine. He challenges the
calculation of his offense level.
The district court did not clearly err in determining the
quantity of methamphetamine attributable to Padgett. See United
States v. Maseratti, 1 F.3d 330, 340 (5th Cir. 1993). The amount
was based on information contained in the presentence report and
on the evidence presented to the court at sentencing. After

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No. 02-50770
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reviewing all of the evidence, the district court conservatively
estimated the amount of methamphetamine at 447 grams. This
calculation was well within the amounts estimated by both law
enforcement and Padgett’s own testimony. Accordingly, the
judgment of the district court is AFFIRMED.

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