IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 97-31243
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
PEARLIE HAMILTON,
Defendant-Appellant.
Appeal from the United States District Court
for the Western District of Louisiana
(97-CR-10006-ALL)
July 6, 1998
Before JOHNSON, JONES, and DeMOSS, Circuit Judges.
PER CURIAM:*
Pearlie Hamilton appeals the sentence imposed following her
guilty-plea conviction for theft of government property. She
contends that the district court erred in calculating the amount of
loss attributable to her criminal conduct when determining the
applicable sentencing range.
A district court’s determination of relevant conduct and the
amount of loss is reviewed for clear error. United States v.
Peterson, 101 F.3d 375, 384 (5th Cir. 1996), cert. denied, 117
*
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this opinion should not be published and is not precedent except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.
S.Ct. 1346 (1997). Relevant conduct must be criminal, but need
only be shown by a preponderance of the evidence. See Id. at 385.
After a careful review of the record and the controlling
authorities, we conclude that the district court’s determination
that a loss of $44,142 was attributable to Hamilton’s criminal
conduct is not clearly erroneous. See United States v. Powell, 124
F.3d 655, 663, 665-66 (5th Cir. 1997), cert. denied, 118 S.Ct. 1082
(1998).
AFFIRMED.
2