United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT October 20, 2004
Charles R. Fulbruge III
Clerk
No. 04-40074
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JIMMY RAY EARL MERRIFIELD,
Defendant-Appellant.
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Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 4:03-CR-84-11
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Before JOLLY, JONES, and WIENER, Circuit Judges.
PER CURIAM:*
Jimmy Ray Earl Merrifield appeals his guilty-plea conviction
for possession of a firearm by a drug user and conspiracy to
manufacture, distribute, or possess with the intent to
manufacture, distribute, or dispense methamphetamine. He argues
that the district court clearly erred in determining the drug
quantity attributed to him for sentencing purposes.
At sentencing, the parties agreed that Merrifield should be
held accountable for manufacturing approximately 30 ounces of
*
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that this opinion should not be published and is not precedent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. 04-40074
-2-
methamphetamine. This amount alone was sufficient to assign
Merrifield a base offense level of 32. Thus, the district court
did not clearly err in determining Merrifield’s base offense
level. See United States v. Edwards, 65 F.3d 430, 432 (5th Cir.
1995); United States v. Mergerson, 4 F.3d 337, 345 (5th Cir.
1993). The judgment of the district court is AFFIRMED.