IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-10200
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
DONALD GENE RHOADES,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:00-CR-226-1-Y
--------------------
November 29, 2001
Before DeMOSS, PARKER, and DENNIS, Circuit Judges.
PER CURIAM:*
Donald Gene Rhoades appeals from his jury conviction for
conspiracy to manufacture over 50 grams of methamphetamine.
Rhoades argues that there is no evidence of an agreement
between him and any person to manufacture methamphetamine. He also
argues that there was insufficient evidence that he intended to
manufacture more than 50 grams of methamphetamine. We have
reviewed the trial testimony and hold that the jury could have
rationally concluded beyond a reasonable doubt that Rhoades was
aware of Larry Robinson’s intention to manufacture methamphetamine;
*
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that this opinion should not be published and is not precedent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. 01-10200
-2-
that, with this knowledge, he attempted to procure a necessary
ingredient for Robinson to make the drugs; and that the conspiracy
intended to produce more than 50 grams of methamphetamine. United
States v. Gonzales, 79 F.3d 413, 423 (5th Cir. 1996).
Rhoades also challenges the calculation of his offense level
based his intent to manufacture more than 50 grams of
methamphetamine. The district court’s determination of drug
quantity need be supported by only a preponderance of the evidence.
United States v. Gaytan, 74 F.3d 545, 558 (5th Cir. 1996). As
discussed above, the evidence supports the jury’s finding, based on
the much stricter reasonable doubt standard, that Rhoades intended
to manufacture more than 50 grams of drugs. Accordingly, the
judgment of the district court is AFFIRMED.