IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 96-30094
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
BENSON WATTA WANAMBISI, a/k/a Johnstone Webi,
a/k/a “African”,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 93-CR-30045
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September 20, 1996
Before HIGGINNBOTHAM, DeMOSS and PARKER, Circuit Judges.
PER CURIAM:*
Benson Watta Wanambisi appeals the district court’s sentence
following remand by this court. See United States v. Wanambisi,
94-40811 (5th Cir. July 18, 1995) (unpublished).
Wanambisi challenges the propriety of the U.S.S.G. § 3B1.1
determination concerning his role in the offense, the attribution
of two kilos of heroin from the offense of conviction to the drug
*
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that this opinion should not be published and is not precedent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. 96-30094
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quantity used in determining his base offense level, and the
consideration of uncharged drug quantities to determine his base
offense level. Because these issues were raised and decided on
the first appeal, we do not address them. See Chevron U.S.A.,
Inc. v. Traillour Oil Co., 987 F.2d 1138, 1150 (5th Cir. 1993).
Wanambisi raised the following issues: 1) the district
court’s findings lacked the necessary specificity to comply with
our remand directive; 2) the drug quantities from two of Sally
Trahan’s overseas trips and from Peter Buentello’s trip about
which he testified were not relevant conduct for purposes of
determining the amount of drugs properly attributable to
Wanambisi; and 3) the district court clearly erred in attributing
these drug quantities to Wanambisi. We have carefully reviewed
the record and the appellate arguments. We find no error with
the specificity in the district court’s findings. We find no
error, plain or otherwise, by the district court attributing
these drug amounts to Wanambisi as relevant conduct. See United
States v. Calverley, 37 F.3d 160, 162-64 (5th Cir. 1994) (en
banc), cert. denied, 115 S. Ct. 1266 (1995). Moreover, the
quantity of heroin found by the district court is not clearly
erroneous. See United States v. Bermea, 30 F.3d 1539, 1575 (5th
Cir. 1994), cert. denied, 115 S. Ct. 1113 (1995).
AFFIRMED.