IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 98-10755
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
TRACEY GARRETT,
Defendant-Appellant.
_____________________________________
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:97-CR-373-2-H
_____________________________________
April 15, 1999
Before POLITZ, BARKSDALE and STEWART, Circuit Judges.
PER CURIAM:*
Tracey Garrett appeals his conviction and sentence following a jury trial for conspiracy to
distribute more than fifty grams of cocaine base, distribution of cocaine base within 1000 feet of a
school, and aiding and abetting. Garrett argues that the evidence is insufficient; the district court’s
drug-quantity determination is clearly erroneous; and the enhancement in his offense level for
obstruction of justice under U.S.S.G. § 3C1.1 is clearly erroneous. Garrett has not demonstrated
plain error with respect to his convictions on counts one and three. United States v. McCarty, 36
F.3d 1349, 1358 (5th Cir. 1994). The district court’s determination of the quantity of drugs
*
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 R. 47.5, the court has determined that this opinion should not be
published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.
attributable to Garrett for sentencing purposes is not clearly erroneous. See United States v. Alford,
142 F.3d 825, 831 (5th Cir.), cert. denied, 119 S. Ct. 514 (1998). The district court’s finding that
Garrett obstructed justice under § 3C1.1 is not clearly erroneous. United States v. Storm, 36 F.3d
1289, 1295 (5th Cir. 1994).
AFFIRMED.