IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 97-30799
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
AL KING JONES,
Defendant-Appellant.
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Appeal from the United States District Court
for the Eastern District of Louisiana
USDC No. 96-CR-259-1-E
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August 24, 1998
Before KING, BARKSDALE, and STEWART, Circuit Judges.
PER CURIAM:*
Al King Jones appeals his sentence following a guilty-plea
conviction of attempted possession of and conspiracy to
distribute cocaine. Jones contends that the district court erred
in calculating his offense level based on a finding that his
offense involved five kilograms of cocaine.
The presentence report (PSR) indicated that Jones told an
undercover officer that he had money to purchase three kilograms
of cocaine and wanted to purchase five kilograms of cocaine if
money became available to him. PSR ¶ 12; see U.S.S.G. § 2D1.1,
*
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this opinion should not be published and is not precedent except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. 97-30799
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comment. (n.12). If the defendant is convicted of conspiring to
purchase a controlled substance as part of a “reverse sting,” the
offense level is determined by “the agreed-upon quantity of the
controlled substance” being purchased.)
The defendant bears the burden of demonstrating that
information in the PSR is materially untrue, inaccurate or
unreliable. United States v.Angulo, 927 F.2d 202, 205 (5th Cir.
1991). Jones presented no evidence to rebut the findings in the
PSR. The district court did not clearly err in adopting the
findings in the PSR without further inquiry. United States v.
Ayala, 47 F.3d 688, 690 (5th Cir. 1995).
AFFIRMED.