No. 99-30500
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IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 99-30500
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
GERMAN ALARCON,
Defendant-Appellant.
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Appeal from the United States District Court
for the Eastern District of Louisiana
USDC No. 97-CR-340-ALL-D
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February 17, 2000
Before EMILIO M. GARZA, BENAVIDES, and DENNIS, Circuit Judges.
PER CURIAM:*
German Alarcon (“Alarcon”) appeals his sentence for his
guilty-plea conviction of conspiracy to possess with intent to
distribute cocaine hydrochloride, 21 U.S.C. §§ 841(a)(1), 846,
and two counts of distribution of cocaine hydrochloride, 21
U.S.C. §§ 841(a)(1). He argues that the district court clearly
erred in determining the amount of cocaine hydrochloride
attributable to him for sentencing purposes.
Alarcon’s first contention is that the district court
improperly relied on the testimony of Jaime Garces. This
contention fails because it essentially attacks the district
*
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this opinion should not be published and is not precedent except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. 99-30500
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court’s determination regarding Garces’ credibility. See United
States v. Sarasti, 869 F.2d 805, 806 (5th Cir. 1989) (credibility
determinations in a sentencing hearing “are peculiarly within the
province of the trier-of-fact”).
Alarcon’s second contention is that the district court
wrongly concluded that all of the drugs attributed to him were
part of the same course of conduct or common scheme or plan.
This contention also fails because the evidence shows that
Alarcon’s drug-related activities were continuous, possessed
common participants, and were similar. See United States v.
Bethley, 973 F.2d 396, 400-01 (5th Cir. 1992).
AFFIRMED.