IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 98-40543
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
KEVIN BRIAN FAVORS,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. C-97-CR-295-1
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April 15, 1999
Before JONES, SMITH, and DUHÉ, Circuit Judges.
PER CURIAM:*
Kevin Favors appeals his sentence after pleading guilty to
aiding and abetting the distribution of crack cocaine. He argues
that the Government failed to prove by a preponderance of the
evidence that he possessed the 12.4 grams of crack cocaine that
the district court attributed to him as relevant conduct and that
the substance was in fact crack cocaine. After reviewing the
record and the briefs of the parties, we hold that the district
court did not err in attributing the additional 12.4 grams of
crack cocaine to Favors as relevant conduct. See United States
v. Bryant, 991 F.2d 171, 177 (5th Cir. 1993).
*
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that this opinion should not be published and is not precedent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.
-2-
AFFIRMED.