United States v. Bates

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT __________________ No. 96-50194 Conference Calendar __________________ UNITED STATES OF AMERICA, Plaintiff-Appellee, versus MICHAEL BATES, Defendant-Appellant. - - - - - - - - - - Appeal from the United States District Court for the Western District of Texas USDC No. EP-95-CR-232-2 - - - - - - - - - - December 11, 1996 Before WIENER, BARKSDALE, and BENAVIDES, Circuit Judges. PER CURIAM:* Michael Bates's unopposed, out-of-time motion to file a reply brief is GRANTED. Bates appeals his sentence for conspiracy to possess with intent to distribute marijuana. He argues that the district court erred in calculating the amount of marijuana attributable to him. In light of Bates's failure to offer evidence to rebut the presentence report (PSR), the district court did not clearly err * Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4.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. 96-50194 -2- by adopting the PSR and its addendum as its drug-quantity finding. See United States v. Puig-Infante, 19 F.3d 929, 943 (5th Cir.), cert. denied, 115 S. Ct. 180 (1994). AFFIRMED.