UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 97-40633
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
CURTIS RAY RAWLS,
Defendant-Appellant.
Appeal from the United States District Court
For the Eastern District of Texas
(1:96-CR-120-10)
December 31, 1997
Before POLITZ, Chief Judge, JOLLY and STEWART, Circuit Judges.
PER CURIAM:*
Curtis Rawls appeals his sentence for possession with intent to distribute
cocaine base in violation of 21 U.S.C. § 841(a)(1). He contends that the district
court incorrectly classified him as a career offender by erroneously adopting the
*
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 R. 47.5, the Court has determined that this opinion should not be
published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.
Presentence Investigation Report’s factual predicate that he previously had twice
been convicted of possession of cocaine with the intent to distribute. He further
maintains that the district court improperly increased his sentence because the
government had failed to notify him that his prior convictions for substance
offenses would be a relevant factor in sentencing. Finally, he contends that the
district court attributed an incorrect quantity of drugs to him by erroneously
considering information he had divulged under an offer of immunity.
The district court did not err in classifying Rawls as a career offender.1 The
government was not required to notify Rawls that his prior convictions might
increase his sentence.2 Whether the district court incorrectly considered
incriminating statements Rawls made to the government is moot because Rawls
properly was classified as a career offender.3
AFFIRMED.
1
See United States v. Calverly, 37 F.3d 160 (5th Cir. 1994) (en banc); United States
v. Angulo, 927 F.2d 202 (5th Cir. 1991).
2
See United States v. Marshall, 910 F.2d 1241 (5th Cir. 1990).
3
See United States Sentencing Guidelines § 4B1.1; see also 21 U.S.C. § 841(b)(1)(C).
2