IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 96-30896
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
BILL PENCE,
Defendant-Appellant.
- - - - - - - - - -
Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 94-CR-50081
- - - - - - - - - -
February 20, 1997
Before SMITH, EMILIO M. GARZA, and PARKER, Circuit Judges.
PER CURIAM:*
Bill Pence contends that the district court abused its
discretion by granting a continuance at sentencing to enable the
Government to determine correctly the actual weight of
methamphetamine. He contends that he was prejudiced because the
total weight provided a lower base offense level.
The district court’s decision to grant or deny a motion for
a continuance is reviewed for an abuse of discretion. United
States v. Correa-Ventura, 6 F.3d 1070, 1074 (5th Cir. 1993). In
*
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that this opinion should not be published and is not precedent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. 96-30896
- 2 -
cases involving substances containing methamphetamine, the base
offense level is the greater of the offense levels determined by
the actual weight of methamphetamine and the total weight of the
substance containing methamphetamine. U.S.S.G. § 2D1.1, comment.
(n.(B)).
Pence’s offense level was determined accurately and in
accordance with the guidelines. Pence has not demonstrated the
requisite prejudice. Correa-Ventura, 6 F.3d at 1074. The
district court did not abuse its discretion. Pence’s sentence is
AFFIRMED.