USA v. Thomas J. Ballanco

1 The Honorable Lyle E. Strom, United States District Judge for the District of
Nebraska.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 03-2994
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United States of America, *
*
Appellee, *
* Appeal from the United States
v. * District Court for the District
* of Nebraska.
Tyree L. Lampkin, *
* [UNPUBLISHED]
Appellant. *
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Submitted: February 4, 2004
Filed: February 10, 2004
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Before MORRIS SHEPPARD ARNOLD, FAGG, and SMITH, Circuit Judges.
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PER CURIAM.
Tyree L. Lampkin appeals the sentence the district court 1 imposed after he
pleaded guilty to conspiring to distribute and possess with intent to distribute
50 grams or more of a mixture or substance containing cocaine base, in violation of
21 U.S.C. § 846. Mr. Lampkin contests the amount of cocaine base the court
attributed to him at sentencing. See U.S.S.G. § 2D1.1(c)(1). The government bears
the burden of establishing by a preponderance of the evidence both the type and

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quantity of drugs attributable to a defendant, and we “will reverse only if firmly
convinced a mistake has been made.” See United States v. Thompson, 335 F.3d 782,
784 (8th Cir. 2003) (type), cert. denied, 2004 WL 47344 (U.S. Jan. 12, 2004) (No. 03-
7643); United States v. Sarabia-Martinez, 276 F.3d 447, 450 (8th Cir. 2002)
(quantity). After carefully reviewing the record, including the sentencing testimony
of various witnesses who described drug transactions involving Mr. Lampkin, we
conclude the district court’s findings of drug type and quantity are not clearly
erroneous. See Sarabia-Martinez, 276 F.3d at 450; United States v. Maxwell, 25 F.3d
1389, 1397 (8th Cir.), cert. denied, 513 U.S. 1031 (1994). Accordingly, we affirm.
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