United States v. Russell

Opinion

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

__________________

No. 95-10736 Summary Calendar __________________

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

RICHARD RUSSELL,

Defendant-Appellant.

- - - - - - - - - - Appeal from the United States District Court for the Northern District of Texas USDC No. 3:94-CR-301-G - - - - - - - - - - August 29, 1996 Before JOLLY, JONES and STEWART, Circuit Judges.

PER CURIAM:*

Richard Russell appeals his conviction for conspiracy to

distribute methamphetamine and his sentence. The evidence at

trial was not at variance with the superseding indictment.

United States v. Thomas, 12 F.3d 1350, 1357 (5th Cir.), cert.

denied, 114 S. Ct. 1861 (1994). The district court did not

clearly err in basing his sentence on 128 pounds of

* Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4.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. -2-

methamphetamine. United States v. Mergerson, 4 F.3d 337, 345

(5th Cir. 1993), cert. denied, 114 S. Ct. 1310 (1994).

AFFIRMED.