IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 97-11268
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
AUDREY VARNER,
Defendant-Appellant.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:97-CR-86-5
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June 30, 1998
Before DUHÉ, DEMOSS, and DENNIS, Circuit Judges.
PER CURIAM:*
Audrey Varner appeals from her conviction and sentence for
importation of cocaine in violation of 21 U.S.C. §§ 952(a),
960(a)(1), and 960(b)(2)(B). She contends that the district court
erred: 1) in its attribution of drug quantity for purposes of
assessing relevant conduct; 2) by denying her request for an
adjustment in her offense level based on her minor role in the
offense; and 3) by denying her request for a downward departure
based on her disadvantaged upbringing. We have reviewed the record
*
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this opinion should not be published and is not precedent except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. 97-11268
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and the briefs of the parties, and conclude that no reversible
error was committed. The district court did not clearly err either
in its attribution of the relevant drug quantity or in its denial
of Varner’s request for an adjustment based on her minor role. See
United States v. Edwards, 65 F.3d 430, 432 (5th Cir. 1995); United
States v. Buenrostro, 868 F.2d 135, 137-38 (5th Cir. 1989).
Additionally, because the district court’s decision to not depart
from the applicable guidelines range based on Varner’s
disadvantaged upbringing was a correct application of the
guidelines, the court’s decision is unreviewable on appeal. See
United States v. DiMarco, 46 F.3d 476, 478 (5th Cir. 1995).
AFFIRMED.