UNITED STATES COURT OF APPEALS
For the Fifth Circuit
No. 95-40111
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
VERSUS
ROY DIXON; LEONARD WILLIAMS,
Defendant-Appellant.
Appeal from the United States District Court
For the Southern District of Texas
USDC No. G-94-CR-9
September 5, 1996
Before JONES, DeMOSS, and PARKER, Circuit Judges.
PER CURIAM:*
Roy Dixon and Leonard Williams appeal from their jury
convictions and sentences for conspiracy to commit wire fraud, mail
fraud, and money laundering, as well as for the underlying
substantive offenses of mail and wire fraud. We have reviewed each
issue that they have raised.
*
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this opinion should not be published and is not precedent except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.
The district court did not err in calculating their offense
levels by referring to the money-laundering guideline, U.S.S.G. §
2S1.1, because of the related offenses of conviction, it carried
the highest offense level. See § 3D1.3(a). Dixon has not shown
that the district court abused its discretion by departing upward
in imposing his sentence given the court’s finding that there
existed aggravating circumstances not adequately taking into
account by the Sentencing Commission. See § 5K2.0, p.s. Because
Williams did not appeal the magistrate judge’s pretrial discovery
ruling to the district court, this court is without jurisdiction to
consider the issue in this appeal. See Colburn v. Bunge Towing,
Inc., 883 F.2d 372, 379 (5th Cir. 1989). Nor has Williams
established an “actual injury” as is required to support his
inadequate-access-to-the-courts assertion. See Lewis v. Casey, 116
S. Ct. 2174 (1996). The evidence was more than sufficient to
convict Williams, as it is not this Court’s duty to second-guess
the credibility of witnesses such as Ronnie Raggs. Finally,
because Williams had shown no error, his cumulative-error
contention is meritless. See Derden v. McNeel, 987 F.2d 1453, 1458
(5th Cir. 1992) (en banc), cert. denied, 508 U.S. 960 (1993).
AFFIRMED.
2