United States of American v. Rodney Crestwell, Also Known As Darrell, Also Known Asrodney Criswell, Appellant, 90 F.3d 591 (D.C. Cir. 1996)

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U.S. Court of Appeals for the District of Columbia Circuit - 90 F.3d 591 (D.C. Cir. 1996) June 26, 1996

Before: WILLIAMS, RANDOLPH, and ROGERS, Circuit Judges.



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 that the issues presented occasion no need for an opinion. See D.C. Cir. Rule 36(b). It is

ORDERED AND ADJUDGED that the sentence imposed by the district court on June 22, 1995, be affirmed. The district court did not commit error in calculating appellant's base offense level for the purposes of sentencing. See United States v. Lam Kwon-Wah, 966 F.2d 682, 688-89 (D.C. Cir.), cert. denied, 506 U.S. 901 (1992). The evidence before the district court provided a sufficiently reliable basis for its conclusion that Crestwell distributed at least 65 grams of heroin. Also, the district court's determination that appellant was not entitled to a downward adjustment for a minor or minimal role in the drug conspiracy was not clearly erroneous. See United States v. Olibrices, 979 F.2d 1557, 1560 (D.C. Cir. 1992) ("It makes no sense to take the broader conspiracy into account only in reducing, but not setting, the offense level, as appellant wants.").

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.