United States v. Garrett

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT __________________ No. 95-40297 Conference Calendar __________________ UNITED STATES OF AMERICA, Plaintiff-Appellee, versus DERRICK KRISTIAN GARRETT, Defendant-Appellant. - - - - - - - - - - Appeal from the United States District Court for the Eastern District of Texas USDC No. 1:94-CR-58-3 - - - - - - - - - - December 19, 1995 Before DAVIS, STEWART, and PARKER, Circuit Judges. PER CURIAM:* Appellant appeals the sentencing portion of his conviction for possession with intent to distribute cocaine. He argues that the district court erred: (1) in denying him a downward adjustment for his minimal or minor role in the offense; (2) in denying him a downward adjustment for his acceptance of responsibility; and (3) in determining his criminal history score * Local Rule 47.5.1 provides: "The publication of opinions that merely decide particular cases on the basis of well-settled principles of law imposes needless expense on the public and burdens on the legal profession." Pursuant to that Rule, the court has determined that this opinion should not be published. No. 95-40297 -2- and category. We have reviewed the record and find no clear error in the district court's findings. AFFIRMED.