United States v. Ingram ( 2000 )


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  •                  IN THE UNITED STATES COURT OF APPEALS
    FOR THE FIFTH CIRCUIT
    No. 99-60865
    Conference Calendar
    UNITED STATES OF AMERICA,
    Plaintiff-Appellee,
    versus
    ROBERT INGRAM,
    Defendant-Appellant.
    --------------------
    Appeal from the United States District Court
    for the Northern District of Mississippi
    USDC No. 4:99-CR-56-ALL
    --------------------
    August 22, 2000
    Before KING, Chief Judge, and POLITZ and WIENER, Circuit Judges.
    PER CURIAM:*
    Robert Ingram appeals his sentence for possession with
    intent to distribute crack cocaine.    He argues that his criminal
    history category was improperly calculated because the
    presentence investigation report did not show that he was
    represented by counsel on several misdemeanor convictions.
    Because Ingram did not raise this issue in the district court,
    review is for plain error.     See United States v. Krout, 
    66 F.3d 1420
    , 1434 (5th Cir. 1995); United States v. Calverley, 
    37 F.3d 160
    , 162-64 (5th Cir. 1994)(en banc).
    *
    Pursuant to 5TH CIR. R. 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    that this opinion should not be published and is not precedent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 5TH CIR.
    R. 47.5.4.
    No. 99-60865
    -2-
    No invalidity of any prior conviction is clear or obvious.
    See, e.g., United States v. Follin, 
    979 F.2d 369
    , 376 n.7 (5th
    Cir. 1992).   Accordingly, the district court did not commit plain
    error in adopting the criminal history category as set forth in
    the presentence investigation report.     The judgment of the
    district court is AFFIRMED.