United States v. Simmons

Opinion

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

__________________

No. 95-30404 Conference Calendar __________________

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

MARK ANTHONY SIMMONS,

Defendant-Appellant.

- - - - - - - - - - Appeal from the United States District Court for the Eastern District of Louisiana USDC No. CR-94-115-R - - - - - - - - - - June 27, 1996 Before HIGGINBOTHAM, BARKSDALE, and BENAVIDES, Circuit Judges.

PER CURIAM:*

Mark Anthony Simmons appeals his sentence for conspiracy to

distribute cocaine, use of facilities in interstate commerce to

carry on his cocaine business, and attempted money laundering.

He objects to the amount of cocaine attributed to him by the

district court and also contests the court's refusal to grant a

three-level decrease in his offense level for acceptance of

responsibility.

* Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4.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. 95-30404 -2-

Our review of the record and the arguments and authorities

convinces us that no reversible error was committed. The

district court's finding that at least 50 kilograms of cocaine

were attributable to Simmons was based on "reasonably reliable"

evidence. See United States v. Davis, 76 F.3d 82, 84 (5th Cir.

1996). The district court's mischaracterization of Simmons'

letter notwithstanding, his "effort to minimize the extent to

which he was involved in the drug trade," is inconsistent with

acceptance of responsibility. See United States v. Vital, 68

F.3d 114, 120-21 (5th Cir. 1995).

AFFIRMED.