USA v. Harris

Filing 920070213

Opinion

Download PDF
United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT February 13, 2007 Charles R. Fulbruge III Clerk No. 06-50687 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus HORACE KEITH HARRIS, Defendant-Appellant. -------------------Appeal from the United States District Court for the Western District of Texas USDC No. 6:06-CR-5-1 -------------------Before BARKSDALE, GARZA, and CLEMENT, Circuit Judges. PER CURIAM:* Horace Keith Harris appeals his sentence following his guilty-plea conviction for possession with the intent to distribute cocaine. The district court sentenced Harris to 70 months in prison based on information in the revised presentence report (PSR) that he was responsible for 2,000 Ecstacy pills that an informant testified were in Harris's possession. Harris argues that the information provided by the testimony of the informant regarding the pills in his possession after 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 06-50687 -2certain sales was unreliable because it was not shown that these pills were not the same pills subsequently sold to the informant. This court reviews the sentencing court's factual findings for clear error and its "interpretation and application of the Sentencing Guidelines de novo." F.3d 560, 584 (5th Cir. 2006). Although it is true that Harris's revised PSR is based on the testimony of the informant that Harris possessed Ecstacy pills in addition to the ones sold to the informant, Harris has not presented any rebuttal evidence to show that these additional pills were the same pills that were sold to the informant on subsequent occasions. Absent rebuttal evidence, Harris cannot United States v. Gonzales, 436 show that the court's adoption of the drug quantity information was clearly erroneous. See United States v. Carbajal, 290 F.3d 277, 287 (5th Cir. 2002). AFFIRMED.

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?