IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 96-40973
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
GARY SCHMUECKLE,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
(96-CR-115-1)
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April 2, 1997
Before Wisdom, Jolly, and Benavides, Circuit Judges.
PER CURIAM:*
Gary Schmueckle appeals his conviction for conspiracy to
possess with intent to distribute methamphetamine. Schmueckle
argues that the district court erred in its calculation of the
drug amount attributable to him for sentencing purposes and that
the Government breached the plea agreement by failing to move for
downward departure at sentencing. We have reviewed the record
and the briefs of the parties and conclude that the district
court did not commit plain error in its calculation of 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that this opinion should not be published and is not precedent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. 96-40973
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2
amount attributable to Schmueckle. We also conclude that the
Government retained discretion to move for downward departure and
did not breach the plea agreement by failing to do so.3
AFFIRMED.
2
See § 2D1.1, Note (A) & comment. n.12; see also United
States v. Sherrod, 964 F.2d 1501, 1508 (5th Cir.), cert. denied,
506 U.S. 1041 (1992).
3
See United States v. Price, 95 F.3d 364, 368-69 (5th
Cir. 1996).