IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
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No. 97-40552
Summary Calendar
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UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
DEWAYNE GRAYER,
Defendant-Appellant.
_________________________________________________________________
Appeal from the United States District Court for the
Eastern District of Texas
USDC No. 6-96-CR-46-1
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December 4, 1997
Before JOLLY, BENAVIDES, and PARKER, Circuit Judges.
PER CURIAM:*
DeWayne Grayer appeals his sentence for possession with intent
to distribute and distribution of cocaine base pursuant to 21
U.S.C. § 841(a)(1). He argues that the district court attributed
an incorrect quantity of drugs to him by erroneously adopting the
facts as stated in the Presentence Investigation Report (PSR) and
failing to resolve factual issues. He further argues that the
district court erroneously increased his offense level for the
possession of a firearm.
*
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this opinion should not be published and is not precedent except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.
The district court did not err as to the quantity of drugs
attributable to Grayer. See United States v. Puig-Infante, 19 F.3d
929, 943 (5th Cir. 1994). The firearms enhancement is similarly
not erroneous. See United States v. Mergerson, 4 F.3d 337, 350
(5th Cir. 1993).
A F F I R M E D.
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