IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
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No. 95-30909
Summary Calendar
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UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
TONY EARNEST WASHINGTON,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 94-CR-20059
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July 25, 1996
Before KING, JOLLY and PARKER, Circuit Judges.
PER CURIAM:*
Tony Earnest Washington appeals his guilty-plea conviction
for possession with intent to distribute cocaine base. He argues
that 1) the district court should not have considered his
statement to sheriff's deputies at sentencing because the
statement was unreliable; 2) the district court failed to comply
with Fed. R. Crim. P. 32(c)(1), which requires the district court
to rule on any unresolved objections to the presentence report
*
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that this opinion should not be published and is not precedent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. 95-30909
-2-
and, alternatively, if the district court complied with Rule 32,
the presentence report provided insufficient indicia of
reliability to support the district court's findings; and 3) the
district court should have required a standard of proof of
relevant conduct greater than a preponderance of the evidence.
We review for plain error the issues whether Washington's
statement to the deputies was unreliable and whether the
presentence report provided sufficient indicia of reliability and
perceive none. See United States v. Calverley, 37 F.3d 160,
162-64 (5th Cir. 1994) (en banc), cert. denied, 115 S. Ct. 1266
(1995). Washington failed to object on these grounds at
sentencing after the district court amended the presentence
report and reduced the base offense level. Washington's
contention that the district court did not comply with Rule 32 is
unsupported by the record. To the extent that the argument
concerning the standard of proof required at sentencing was
properly raised in the district court, Washington's sentence did
not require a higher burden of proof. See United States v.
Carreon, 11 F.3d 1225, 1240 (5th Cir. 1994).
AFFIRMED.