United States of America, Appellee, v. Maria Berdecia, Appellant, 88 F.3d 1278 (D.C. Cir. 1996)

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U.S. Court of Appeals for the District of Columbia Circuit - 88 F.3d 1278 (D.C. Cir. 1996) May 20, 1996

Before: BUCKLEY, HENDERSON and ROGERS, Circuit Judges.


JUDGMENT

This case was considered on the record from the United States District Court for the District of Columbia and on the briefs by counsel. The court has accorded the arguments full consideration and has determined the issues presented occasion no need for a published opinion. See D.C. Cir. Rule 36(b). It is therefore

ORDERED that the appellant's sentence be affirmed. The case was remanded "for resentencing based on specific, individualized findings regarding the quantity of drugs [the appellant] might have reasonably foreseen [her] agreed-upon participation would involve." United States v. Anderson, 39 F.3d 331, 353 (D.C. Cir. 1994). The court's finding on remand that the appellant is chargeable with 3.5 to 5 kilograms of cocaine is not clearly erroneous and must therefore be upheld. United States v. Strothers, 77 F.3d 1389, 1393-94 (D.C. Cir. 1996).

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 41(a) (1).