IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
__________________
No. 95-30404
Conference Calendar
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UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
MARK ANTHONY SIMMONS,
Defendant-Appellant.
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Appeal from the United States District Court
for the Eastern District of Louisiana
USDC No. CR-94-115-R
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June 27, 1996
Before HIGGINBOTHAM, BARKSDALE, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Mark Anthony Simmons appeals his sentence for conspiracy to
distribute cocaine, use of facilities in interstate commerce to
carry on his cocaine business, and attempted money laundering.
He objects to the amount of cocaine attributed to him by the
district court and also contests the court's refusal to grant a
three-level decrease in his offense level for acceptance of
responsibility.
*
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that this opinion should not be published and is not precedent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. 95-30404
-2-
Our review of the record and the arguments and authorities
convinces us that no reversible error was committed. The
district court's finding that at least 50 kilograms of cocaine
were attributable to Simmons was based on "reasonably reliable"
evidence. See United States v. Davis, 76 F.3d 82, 84 (5th Cir.
1996). The district court's mischaracterization of Simmons'
letter notwithstanding, his "effort to minimize the extent to
which he was involved in the drug trade," is inconsistent with
acceptance of responsibility. See United States v. Vital, 68
F.3d 114, 120-21 (5th Cir. 1995).
AFFIRMED.