IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 98-51129
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ARMANDO LUNA,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. W-98-CR-51-1
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August 26, 1999
Before KING, Chief Judge, and JOLLY and DAVIS, Circuit Judges.
PER CURIAM:*
Armando Luna pleaded guilty to count 1 of an indictment
charging him with possession with intent to distribute marijuana
and has appealed his sentence. Luna contends that the district
court erred in determining the quantity of drugs attributable to
him.
We review the sentencing court’s calculation of the quantity
of drugs involved for clear error. United States v. Mergerson, 4
F.3d 337, 345 (5th Cir. 1993). A factual finding is not clearly
erroneous if it is plausible in light of the record read as a
*
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this opinion should not be published and is not precedent except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. 98-51129
-2-
whole. United States v. Watson, 966 F.2d 161, 162 (5th Cir.
1992).
Luna argues that he never intended, nor was he capable of
supplying 800 pounds of marijuana attributed to him at
sentencing. The record reflects that Luna both intended to, and
was capable of supplying this marijuana. The uncontroverted
facts in the Presentence Investigation Report (PSR) support this
finding. Luna has not produced any evidence to refute the
report. Because Luna did not present any rebuttal evidence to
refute the facts in the PSR, the district court was free to adopt
those facts without further inquiry. See United States v. Mir,
919 F.2d 940, 943 (5th Cir. 1990). Luna has failed to show that
the district court clearly erred in the amount of drugs
attributed to him.
AFFIRMED.