United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT December 16, 2004
Charles R. Fulbruge III
Clerk
No. 04-50014
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
DANNY RAY BISHOP,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. W-03-CR-105-1
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Before KING, Chief Judge, and DeMOSS and CLEMENT, Circuit Judges.
PER CURIAM:*
Danny Ray Bishop appeals the sentence imposed following his
jury-trial conviction for manufacturing methamphetamine and for
possession of pseudoephedrine with intent to manufacture
methamphetamine. He argues that the district court clearly erred
by considering empty pseudoephedrine packets in calculating the
drug quantity attributable to him under the Sentencing
Guidelines. The Presentence Report (“PSR”) relied on information
that was derived from police reports and later corroborated by
*
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this opinion should not be published and is not precedent except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. 04-50014
-2-
testimony at the sentencing hearing as to the quantity of empty
packaging and as to the likelihood that the contents were used to
manufacture methamphetamine. Because Bishop has not shown that
the drug-quantity information in the PSR “is materially untrue,
inaccurate, or unreliable,” he has not shown that the district
court clearly erred by adopting it. See United States v. Ayala,
47 F.3d 688, 690 (5th Cir. 1995). The judgment of the district
court is AFFIRMED.