United States v. Miles ( 1999 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 99-10119
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
LATONYA RENA MILES, also know as So Fine,
Defendant-Appellant.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:98-CR-256-G
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December 14, 1999
Before JOLLY, HIGGINBOTHAM, and BARKSDALE, Circuit Judges.
PER CURIAM:*
LaTonya Rena Miles pleaded guilty to count 1 of a five-count
indictment charging her with conspiracy to possess with intent to
distribute over one kilogram of cocaine base and has appealed his
sentence. Miles contends that the district court erred in
determining the quantity of drugs attributable to her.
We review the sentencing court’s calculation of the quantity
of drugs involved for clear error. United States v. Mergerson, 4
F.3d 337, 345 (5th Cir. 1993). A factual finding is not clearly
*
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this opinion should not be published and is not precedent except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. 99-10119
-2-
erroneous if it is plausible in light of the record read as a
whole. United States v. Watson, 966 F.2d 161, 162 (5th Cir.
1992).
Miles argues that the record does not support the
attribution of two kilograms of cocaine base to her from an
uncompleted transaction. Instead she argues that she should only
be held responsible for 1.19 kilograms of cocaine base. The
record reflects that Miles negotiated, intended to, and was
capable of supplying this quantity of cocaine base. The
uncontroverted facts in the Presentence Investigation Report
(PSR) and the testimony of Special Agent Brady of the Federal
Bureau of Investigation support this finding. Miles has not
produced any evidence to refute the report or Brady’s testimony.
Because Miles did not present any rebuttal evidence, the district
court was free to adopt those facts without further inquiry. See
United States v. Mir, 919 F.2d 940, 943 (5th Cir. 1990). Miles
has failed to show that the district court clearly erred in the
amount of drugs attributed to her.
AFFIRMED.