Case Information
*1 Before DAVIS, CLEMENT, and COSTA, Circuit Judges.
PER CURIAM: [*]
Robert Baggott appeals the 188-month sentence imposed following his guilty plea conviction for conspiracy to possess with intent to distribute a controlled substance, namely methamphetamine. Baggott argues that the district court clearly erred in calculating the drug quantity attributable to him because (1) two of his suppliers were incarcerated during some of the time he participated in the conspiracy and (2) there was no evidence to support the *2 Case: 16-11449 Document: 00514099712 Page: 2 Date Filed: 08/02/2017
No. 16-11449
extrapolation of drug purity from the samples of methamphetamine seized at the time of his arrest.
We review the district court’s determination of the quantity of drugs
attributable to a defendant, which is a factual finding, for clear error.
United
States v. Betancourt
, 422 F.3d 240, 246 (5th Cir. 2005). The incarceration
records purporting to show that the sources of Baggott’s methamphetamine
were incarcerated at relevant periods and the interview excerpt from one of
the sources are insufficient to show that the district court’s drug quantity
determination, which was amply supported by reliable information in the
presentence report, was clearly erroneous.
See Betancourt
, 422 F.3d at 248.
We also reject Baggott’s contention that the court erred by extrapolating the
drug purity from the samples seized when he was arrested.
See United States
v. Rodriguez
,
The district court’s findings regarding the drug quantity attributable to
Baggott, as well as the purity level, were “plausible in light of the record as a
whole.”
Betancourt
,
2
Notes
[*] Pursuant to 5 TH C IR . R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4.