USA v. Little

Filing 920060523

Opinion

United States Court of Appeals Fifth Circuit

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

F I L E D
May 23, 2006 Charles R. Fulbruge III Clerk

No. 05-41076 Summary Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee, versus SIDNEY WADE LITTLE, Defendant-Appellant. -------------------Appeal from the United States District Court for the Eastern District of Texas USDC No. 4:04-CR-127-1 -------------------Before JOLLY, DAVIS and OWEN, Circuit Judges. PER CURIAM:* Sidney Wade Little appeals from his sentence following his guilty-plea conviction for knowingly and intentionally possessing pseudoephedrine with the intent to manufacture methamphetamine. He argues that the district court erred by failing to award him a safety-valve adjustment pursuant to U.S.S.G. § 5C1.2. The

district court did not err in determining that § 5C1.2 was not applicable to Little's sentence. 404 F.3d 355, 359 (5th Cir. 2005). See United States v. Villegas,

Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4.

*

No. 05-41076 -2Little also contends that the district court clearly erred by attributing to him an amount of pseudoephedrine that belonged to his codefendant. The district court's finding that Little and

his codefendant were engaged in jointly undertaken criminal activity was not clearly erroneous. 47 F.3d 688, 690 (5th Cir. 1995). court's judgment is affirmed. AFFIRMED. See United States v. Ayala, Accordingly, the district