IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
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No. 95-10736
Summary Calendar
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UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
RICHARD RUSSELL,
Defendant-Appellant.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:94-CR-301-G
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August 29, 1996
Before JOLLY, JONES and STEWART, Circuit Judges.
PER CURIAM:*
Richard Russell appeals his conviction for conspiracy to
distribute methamphetamine and his sentence. The evidence at
trial was not at variance with the superseding indictment.
United States v. Thomas, 12 F.3d 1350, 1357 (5th Cir.), cert.
denied, 114 S. Ct. 1861 (1994). The district court did not
clearly err in basing his sentence on 128 pounds of
*
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that this opinion should not be published and is not precedent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.
-2-
methamphetamine. United States v. Mergerson, 4 F.3d 337, 345
(5th Cir. 1993), cert. denied, 114 S. Ct. 1310 (1994).
AFFIRMED.