United States v. C. L. Tippett

Opinion

United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________

No. 97-1413 ___________

United States of America, * * Appellee, * * Appeal from the United States v. * District Court for the * Eastern District of Missouri. C. L. Tippett, * * [UNPUBLISHED] Appellant. * ___________

Submitted: August 7, 1997

Filed: August 25, 1997 ___________

Before McMILLIAN, BEAM, and MORRIS SHEPPARD ARNOLD, Circuit Judges. ___________

PER CURIAM.

C.L. Tippett challenges the 262-month sentence imposed by the district court1 following his guilty plea to attempting to possess cocaine with intent to distribute, in violation of 21 U.S.C. § 846. We affirm.

1 The Honorable Donald J. Stohr, United States District Judge for the Eastern District of Missouri. On appeal, Tippett argues that the district court erred in not assessing an additional 1-level reduction to his base offense level under U.S. Sentencing Guidelines

-2- Manual § 3E1.1(b) (1995) for acceptance of responsibility; in increasing his base offense level under U.S. Sentencing Guidelines Manual § 3B1.1(c) (1995) for being an organizer, leader, manager, or supervisor of a criminal activity; and in not reducing his offense level under U.S. Sentencing Guidelines Manual § 3B1.2(b) (1995) for being a minor participant. Because Tippett did not object to the presentence report or raise the above arguments at sentencing, we review his contentions only for plain error resulting in a fundamental miscarriage of justice. See United States v. Robinson, 20 F.3d 320, 323 (8th Cir. 1994); United States v. Ball, 999 F.2d 339, 340-41 (8th Cir. 1993) (per curiam). Having reviewed the record, we find no such error in the district court&s adjustments to Perez&s base offense level.

Accordingly, we affirm.

A true copy.

Attest:

CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.

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