IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
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No. 96-40395
Summary Calendar
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UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ROSEVELT HOLLIS,
Defendant-Appellant.
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Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 1:95-CR-105-1
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March 28, 1997
Before REAVLEY, JONES and STEWART, Circuit Judges.
PER CURIAM:*
Defendant-appellant Rosevelt Hollis appeals his conviction
and sentence for conspiracy to possess with intent to distribute
cocaine and attempt to possess with intent to distribute cocaine,
in violation of 18 U.S.C. § 846. We have reviewed the arguments
and the record and find no reversible error as to Hollis’ claims.
That Hollis attempted to buy cocaine through a government
informant and his codefendant was acquitted is of no matter,
because the evidence showed that Hollis conspired with others and
the indictment charged him with “unknown” persons. See United
* 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that this opinion should not be published and is not precedent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. 96-40395
-2-
States v. Bermea, 30 F.3d 1539, 1551 (5th Cir. 1994), cert.
denied, 115 S. Ct. 1113 (1995); United States v. Winn, 948 F.2d
145, 157 (5th Cir. 1991), cert. denied, 503 U.S. 976 (1992).
Hollis’ conviction for attempt to possess cocaine is also
supported by the evidence. See Bermea, 30 F.3d at 1551; United
States v. Mandujano, 499 F.2d 370, 376 (5th Cir. 1974), cert.
denied, 419 U.S. 1114 (1975). The district court’s “oral” jury
charge was not erroneous and Hollis has not demonstrated plain
error as to his claim that the court erred in defining conspiracy
for the jury. See United States v. Schilleci, 545 F.2d 519, 526
(5th Cir. 1977); United States v. Calverley, 37 F.3d 160, 162-64
(5th Cir. 1994) (en banc), cert. denied, 115 S. Ct. 1266 (1995);
United States v. Flores, 63 F.3d 1342, 1374 (5th Cir. 1995),
cert. denied, 117 S. Ct. 87 (1996). The district court did not
clearly err in attributing 32 kilograms of cocaine to Hollis for
sentencing purposes. United States v. Ponce, 917 F.2d 841, 842
(5th Cir. 1990), cert. denied, 499 U.S. 940 (1991); U.S.S.G. §
2D1.1, comment. (n.12); § 1B1.3(a)(2); § 6A1.3(a).
AFFIRMED.