IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 97-40201
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
KENNETH BELL,
Defendant-Appellant.
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Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 6:96-CR-22-12
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August 15, 1997
Before KING, HIGGINBOTHAM, and DUHÉ, Circuit Judges.
PER CURIAM:*
Kenneth Bell pleaded guilty to count 28 of an indictment
charging him with possession with intent to distribute and
distribution of cocaine base and has appealed his sentence. Bell
contends that the district court erred in considering information
provided by an unidentified confidential informant in calculating
Bell’s base offense level when the only corroborating information
was supplied by Bell during a confidential debriefing. Bell
failed to present any evidence showing that the information used
*
Pursuant to 5TH CIR. R. 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this opinion should not be published and is not precedent except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 5TH CIR. R. 47.5.4.
No. 97-40201
-2-
to calculate his sentence was untrue, inaccurate, or unreliable.
In the absence of such evidence, the presentence report provided
a sufficient evidentiary basis for the factual determination, and
the district court did not err in accepting the information as
true. United States v. Valencia, 44 F.3d 269, 274 (5th Cir.
1995).
AFFIRMED.