IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
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No. 95-30772
Summary Calendar
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UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
TERRENCE O. LAFAYETTE,
Defendant-Appellant.
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Appeal from the United States District Court
for the Middle District of Louisiana
USDC No. CR-94-88-B
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June 19, 1996
Before GARWOOD, WIENER and PARKER, Circuit Judges.
PER CURIAM:*
Terrence O. Lafayette appeals his sentence for possession of
cocaine with intent to distribute. Lafayette challenges the
district court's determination of the relevant quantity of drugs,
argues that he was a minimal participant in the offense, and
contends that the district court should have granted his motion
for downward departure.
*
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that this opinion should not be published and is not precedent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. 95-30772
-2-
The district court did not clearly err in holding Lafayette
responsible for the entire quantity of cocaine involved in the
transaction or in finding that his role in the offense was not
minimal. United States v. Hernandez-Coronado, 39 F.3d 573, 574
(5th Cir. 1994); United States v. Zuniga, 18 F.3d 1254, 1261 (5th
Cir.), cert. denied, 115 S. Ct. 214 (1994). We lack jurisdiction
to consider Lafayette's argument concerning the denial of a
downward departure because there is no indication that the
district court's decision was based on legal error or a
misapplication of the Guidelines. United States v. DiMarco, 46
F.3d 476, 477 (5th Cir. 1995).
AFFIRMED.