United States v. Johnson

Opinion

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 95-30507 Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

CYNTHIA JOHNSON,

Defendant-Appellant.

- - - - - - - - - - Appeal from the United States District Court for the Middle District of Louisiana USDC No. 94-88-B-M1 - - - - - - - - - - October 23, 1996 Before POLITZ, Chief Judge, and JOLLY and HIGGINBOTHAM, Circuit Judges.

PER CURIAM:*

Cynthia Johnson appeals her sentence for conspiracy and

possession of cocaine with intent to distribute. The district

court granted the Government’s motion for downward departure

based on Johnson’s substantial assistance and imposed a sentence

below the statutory minimum. Johnson argues that the district

court should have considered the factors cited in U.S.S.G.

§ 5K2.12 in determining the extent to which it would reduce her

* Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4. No. 95-30507 - 2 -

sentence below the statutory minimum. We have reviewed the

record and the briefs of the parties and hold that the district

court did not err in sentencing Johnson. United States v.

Cerverizzo, 74 F.3d 629, 633 (5th Cir. 1996).

AFFIRMED.