IN THE UNITED STATES -COURT OF APPEALS
FOR THE FIFTH CIRCUIT
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No. 95-60687
Summary Calendar
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UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
MARVIS TABOR, A/K/A as Turk,
Defendant-Appellant.
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Appeal from the United States District Court
for the Northern District of Mississippi
USDC No. 4:94-CR-52-S
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July 5, 1996
Before GARWOOD, EMILIO M. GARZA and PARKER, Circuit Judges.
PER CURIAM:*
Marvis Tabor appeals his sentence following a guilty plea to
conspiracy to possess with intent to distribute cocaine. He
contends that the district court erred when it considered conduct
described in Count One of his indictment, a count to which he did
not plead guilty, as relevant conduct when sentencing him. Tabor
has not shown that the district court's use of the amount of
cocaine described in Count One to determine his base offense
*
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that this opinion should not be published and is not precedent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. 95-60687
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level was clearly erroneous. United States v. Byrd, 898 F.2d
450, 452 (5th Cir. 1990).
AFFIRMED.