IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 99-30287
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
THU NGOC NGUYEN, also known as Teo,
Defendant-Appellant.
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Appeal from the United States District Court
for the Eastern District of Louisiana
USDC No. 98-CR-147-ALL-G
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April 11, 2000
Before WIENER, DeMOSS, and PARKER, Circuit Judges.
PER CURIAM:*
Thu Ngoc Nguyen appeals his jury-verdict conviction for
conspiracy to possess with intent to distribute cocaine. He
argues that he was deprived of a fair trial due to prosecutorial
misconduct. Due to his failure to object to the alleged
misconduct at trial, we review this issue for plain error. See
United States v. Washington, 44 F.3d 1271, 1278 (5th Cir. 1995);
see also FED. R. CRIM. P. 52(b). Nguyen has failed to show that
*
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that this opinion should not be published and is not precedent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. 99-30287
-2-
the allegedly improper statements by the prosecutor affected his
substantial rights to the degree cognizable under plain-error
review.
Nguyen also contends that the district court clearly erred
by adopting the PSR’s drug-quantity calculations. The PSR’s
findings had an adequate evidentiary basis, and Nguyen failed to
present relevant evidence to rebut the PSR’s drug-quantity
calculations. The district court was therefore free to adopt the
findings of the PSR without further inquiry. See United States
v. Huerta, 182 F.3d 361, 364 (5th Cir. 1999), cert. denied, 2000
WL 220324 (U.S. Feb. 28, 2000)(No. 99-6807).
Accordingly, the district court’s judgment is AFFIRMED.