United States v. West

Opinion

UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

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No. 95-50827 Summary Calendar __________________

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

KENT NIGEL WEST,

Defendant-Appellant.

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Appeal from the United States District Court for the Western District of Texas (EP-95-CR-140) ______________________________________________

June 27, 1996

Before SMITH, BENAVIDES, and DENNIS, Circuit Judges.

PER CURIAM:*

Kent Nigel West appeals his conviction and sentence for aiding

and abetting a conspiracy to possess with intent to distribute

cocaine. West challenges the sufficiency of the evidence of guilt.

Because a jury could rationally have found beyond a reasonable

* Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4. doubt that West had associated with and participated in the

criminal enterprise, participated in the venture, and had sought by

his actions to make the venture succeed, we hold that the evidence

of guilt was sufficient to sustain the conviction. See United

States v. Martinez, 555 F.2d 1269, 1271 (5th Cir. 1977).

West also challenges the district court's calculation of his

sentence under the Sentencing Guidelines. We hold that the

district court did not err in refusing to award a downward

adjustment for acceptance of responsibility and did not commit

clear error in refusing to hold that West had a minimal role in the

criminal venture. See U.S.S.G. §§ 3B1.2, comment. (n.1), and

3E1.1, comment. (n.2); see also United States v. Zuniga, 18 F.3d

1254, 1260-61 (5th Cir.), cert. denied, 115 S. Ct. 214 (1994).

AFFIRMED.