IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
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No. 95-30441
Conference Calendar
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UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
NATHAN AXEL MOORE,
Defendant-Appellant.
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Appeal from the United States District Court
for the Middle District of Louisiana
USDC No. 94-CR-93
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March 1, 1996
Before GARWOOD, JONES, and EMILIO M. GARZA, Circuit Judges.
PER CURIAM:*
Nathan Axel Moore, a/k/a "Rickey," appeals his sentence for
conspiracy to possess with the intent to distribute cocaine and
for possession with the intent to distribute cocaine. He argues
that the district court erred in calculating his base offense
level by attributing to him an additional 680.4 grams of cocaine
because the grand jury testimony lacked the requisite indicia of
reliability to support sentencing determinations and because this
*
Pursuant to Local Rule 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that this opinion should not be published and is not precedent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 Local Rule
47.5.4.
No. 95-30441
-2-
additional quantity concerned drug transactions beyond the time
frame of the charged offenses.
In light of Moore's failure to offer evidence to rebut the
presentence report (PSR), the district court did not clearly err
by adopting the PSR and its addendum as its drug-quantity
finding. See United States v. Vital, 68 F.2d 114, 120 (5th Cir.
1995). Nor did plain error occur by the court implicitly finding
that the additional 680.4 grams of cocaine were part of Moore's
relevant conduct. See id. at 118-19.
AFFIRMED.