United States v. Anderson

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 97-40567 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus TERRY ANDERSON, also known as Terri Blackburn, Defendant-Appellant. - - - - - - - - - - Appeal from the United States District Court for the Eastern District of Texas USDC No. 6:96-CR-50-1 - - - - - - - - - - February 12, 1998 Before SMITH, EMILIO M. GARZA, and DeMOSS, Circuit Judges. PER CURIAM:* Terry Anderson appeals her sentence for her conviction of conspiracy to manufacture with intent to distribute methamphetamine. She argues that the district court clearly erred in finding that she possessed a firearm during the commission of the drug offense. The presentence report (PSR) was sufficiently reliable in demonstrating, and Anderson presented no evidence to rebut, that * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 97-40567 -2- the gun was found in her residence, that her residence was a known site for drug distributions during the drug conspiracy, and that the conspiracy existed at the time the gun was found. The district court’s two-level enhancement of Anderson’s base offense under the United States Sentencing Guidelines § 2D1.1(b)(1) was not clear error. See United States v. Caicedo, 103 F.3d 410, 412 (5th Cir. 1997); see also United States v. Puig-Infante, 19 F.3d 929, 943 (5th Cir. 1994). AFFIRMED.