United States of America v. Berdette Alga Thomas, Appellant, 3 F.3d 1577 (D.C. Cir. 1993)

This appeal was considered on the record from the United States District Court for the District of Columbia and on the briefs filed by the parties. The court has determined than the issues presented occasion no need for an opinion. See D.C. Cir. Rule 14(c). It is

ORDERED AND ADJUDGED that the judgment of conviction and sentence be affirmed. Because appellant did not present his challenge to U.S.S.G. Sec. 5K1.1., p.s. in district court, disposition of his appeal is controlled by United States v. Dawson, 990 F.2d 1314 (D.C. Cir. 1993), in which this court rejected a similar challenge as not constituting plain error.

The Clerk is directed to withhold issuance of the mandate herein until seven days after disposition of any timely petition for rehearing. See D.C. Cir. Rule 15.