IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
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No. 98-60301
Summary Calendar
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CONWAY PHILLIPS, JR.,
Petitioner,
versus
UNITED STATES PAROLE
COMMISSION,
Respondent.
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Appeal from the Determination of the
United States Parole Commission
(18 U.S.C. § 4106A)
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April 7, 1999
Before JOLLY, SMITH, AND WIENER, Circuit Judges.
PER CURIAM:*
Conway Phillips, a/k/a Jihad Aziz Bihal, was arrested in
Mexico and convicted of transporting marijuana. A Mexican court
sentenced him to serve 10 years. Pursuant to the United States-
Mexico Treaty on the Execution of Penal Sentences,2 Phillips was
transferred to the United States to serve his sentence. After the
transfer, the Parole Commission (the “Commission”) held a hearing
*
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this opinion should not be published and is not precedent except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.
2
Treaty on Executions of Penal Sentences, Nov. 25, 1976, U.S.-
Mex., 28 U.S.T. 7399, T.I.A.S. No. 8718 [“Treaty”].
to determine his release date and ordered Phillips to serve 52
months based, in part, on its determination that Phillips had been
arrested transporting 89 kilograms of marijuana, as reflected in
the Mexican sentencing documents. Phillips appeals the
Commission’s release date determination, challenging the
Commission’s finding concerning the quantity of drugs involved in
his offense. We affirm.
I. Standard of Review
We review de novo the Commission’s determination of the
release date for a prisoner transferred to the United States under
the Treaty.3 “We will uphold the sentence unless it