UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 97-50758
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JOHNNY RAY LEWIS,
Defendant-Appellant.
Appeal from the United States District Court
for the Western District of Texas
(MO-96-CR-139-1)
October 6, 1998
Before POLITZ, Chief Judge, DAVIS and JONES, Circuit Judges.
PER CURIAM:*
Johnny Ray Lewis appeals his jury trial convictions for conspiracy to
distribute cocaine base and for the distribution thereof. He claims: (1) insufficiency
of the evidence of conspiracy; (2) abuse of discretion in admitting Fed.R.Evid.
404(b) evidence of other acts; (3) error in determining drug quantity for sentencing
purposes; and (4) “sentencing entrapment.”
Our review of the record and briefs persuades that the conviction for
*
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 R. 47.5, the Court has determined that this opinion should not be
published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.
conspiracy to distribute cocaine base was not a manifest miscarriage of justice, 1
there was no abuse of discretion in the admission of the Rule 404(b) evidence,2 and
no clear error in the determination of the relevant quantity of drugs for sentencing
purposes.3 Finally, assuming without deciding that sentencing entrapment is a
viable proposition in this circuit, Lewis has not demonstrated that he was induced
by the government to deal in greater amounts of the contraband than that to which
he was disposed in order to increase his sentence exposure.4
The convictions and sentences are AFFIRMED.
1
United States v. Laury, 49 F.3d 145 (5th Cir. 1995); United States v. Inocencio, 40
F.3d 716 (5th Cir. 1994).
2
United States v. Bentley-Smith, 2 F.3d 1368 (5th Cir. 1993).
3
United States v. Vine, 62 F.3d 107 (5th Cir. 1995).
4
United States v. Washington, 44 F.3d 1271 (5th Cir. 1995).
2