No. 99-60315
-1-
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 99-60315
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JOSHUA LEACH,
Defendant-Appellant.
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Appeal from the United States District Court
for the Northern District of Mississippi
USDC No. 1:98-CR-59-13-B
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April 14, 2000
Before WIENER, DeMOSS, and PARKER, Circuit Judges.
PER CURIAM:*
Joshua Leach appeals his sentence following his guilty plea
conviction for distribution of crack cocaine. Leach argues that
the district court erred in failing to hold an evidentiary
hearing to determine the amount of drugs attributable to him and
that the district court erred in sentencing him on the basis of
more than 1.5 kilograms of cocaine.
Because Leach failed to present relevant evidence to rebut
the drug-quantity calculations in the presentence report (PSR),
the district court was free to adopt the findings of the PSR
*
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that this opinion should not be published and is not precedent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. 99-60315
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without further inquiry. United States v. Huerta, 182 F.3d 361,
364 (5th Cir. 1999), cert. denied, 120 S. Ct. 1238 (2000). The
district court’s finding as to the drug quantity is not clearly
erroneous. United States v. Huskey, 137 F.3d 283, 291 (5th Cir.
1998).
Leach also argues for the first time in his reply brief that
he was entitled to a minor role adjustment and entitled to
receive the safety valve reduction. Arguments raised for the
first time in a reply brief are waived. United States v.
Jackson, 50 F.3d 1335, 1340 n.7 (5th Cir. 1995).
Leach’s motion to supplement and amend his appellate brief
pursuant to Fed. R. Civ. P. 15(a) and (b) is DENIED.
AFFIRMED. MOTION DENIED.