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United States v. Rogers

decided: August 30, 1993.

UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,
v.
LYNN KIRSTIN WALLER ROGERS, A/K/A LYNN WALLER ROGERS, DEFENDANT-APPELLANT.



Appeal from the United State district Court for the Western District of Texas. D.C. DOCKET NUMBER 91 CR-101-3. JUDGE Walter S. Smith, Jr.

Before King and Jolly, Circuit Judges, and Parker*fn1, District Judge.

Author: Per Curiam

Per curiam:

Defendant-appellant Lynn Kirstin Waller Rogers (Rogers) pleaded guilty to possession with intent to distribute amphetamine/ methamphetamine in violation 21 U.S.C. § 841 (a)(1). On appeal she challenges her sentence only, alleging that the district court erred in finding that over 500 grams of amphetamine/methamphetamine were attributable to her. Based on our determination that the district court's finding was not clearly erroneous, we affirm Rogers' sentence.

STANDARD OF REVIEW

"A district court's findings about the quantity of drugs implicated by the crime are factual findings reviewed under the 'clearly erroneous' standard." United States v. Rivera, 898 F.2d 442, 445 (5th Cir. 1990). Under the 'clearly erroneous' standard, "if the district court's account of the evidence is plausible in light of the record viewed in its entirety the court of appeals may not reverse it even though convinced that had it been sitting as the trier of fact, it would have weighed the evidence differently." Anderson v. City of Bessemer City, 470 U.S. 564, 574, 105 S. Ct. 1504, 1511, 84 L. Ed. 2d 518 (1985).

FACTS

Thirteen people were indicted for alleged offenses related to the possession and distribution of amphetamine/methamphetamine as a result of an investigation by the Waco Police Department and the Drug Enforcement Administration from January 1988 through June 1991. Michael Royals was the head of the distribution scheme. He dealt with only four of the other indicted individuals directly, who in turn sold drugs to an ever widening and tangled system of drug dealers. Rogers was one of the four people in the tier below Royals, but dealt in less volume than others at that level. She was incarcerated on a state drug conviction from September 1987 to October 1989, and the government alleged that she began buying drugs from Royals in 1990.

The government used forty-four (44) different confidential informants (CIs) in the investigation, and over thirty search warrants were executed. The government relied on information received from seven of those CIs to establish the drug amount attributable to Rogers. Rogers alleges that the following information that came into evidence through the testimony of Waco Police Officer Darryl Moore is not reliable:

Date Amount Rogers Possessed Source

1988 or prior to Rogers' 1/2 pound of amphetamine CI# 20

incarceration

approx. 1/11/89 1/2 pound of amphetamine CI# 21

Fall 1990 1/2 ounce daily for 3-4 ...


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