IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-40386
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ETHAN TREMAINE GUESS,
Defendant-Appellant.
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Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 4:99-CR-68-1
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February 14, 2001
Before SMITH, BARKSDALE, and EMILIO M. GARZA, Circuit Judges.
PER CURIAM:*
Ethan Tremaine Guess appeals his sentence following his jury
conviction for conspiracy to distribute or possess with intent to
distribute 50 grams or more of cocaine base and possession with
intent to distribute less than five grams of cocaine base. Guess
argues that the district court erred by including drug amounts
from unreliable, ambiguous, and vague testimony or nonexistent
testimony because there were no indicia of reliability to support
their inclusion.
*
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that this opinion should not be published and is not precedent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. 00-40386
-2-
The presentence report (PSR) is considered reliable and may
be considered as evidence by the court when making sentencing
determinations. United States v. Vital, 68 F.3d 114, 120 (5th
Cir. 1995). Guess offered no rebuttal evidence to refute the
information in the PSR. The court was thus free to adopt that
information as its findings without further inquiry. Id.; see
also United States v. Cisneros, 112 F.3d 1272, 1280 (5th Cir.
1997). Accordingly, the district court’s finding as to the
amount of drugs attributable to Guess was not clearly erroneous.
United States v. Huskey, 137 F.3d 283, 291 (5th Cir. 1998).
AFFIRMED.