Filed: Sep. 01, 1999
Latest Update: Mar. 02, 2020
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 98-50959 Summary Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus CLAY OWEN BERGMAN, Defendant-Appellant. - - - - - - - - - - Appeal from the United States District Court for the Western District of Texas USDC No. SA-97-CR-281-ALL-EP - - - - - - - - - - August 25, 1999 Before JONES, BARKSDALE, and DENNIS, Circuit Judges. PER CURIAM:* Clay Owen Bergman appeals from his conviction and resultant sentence for the manufactur
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 98-50959 Summary Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus CLAY OWEN BERGMAN, Defendant-Appellant. - - - - - - - - - - Appeal from the United States District Court for the Western District of Texas USDC No. SA-97-CR-281-ALL-EP - - - - - - - - - - August 25, 1999 Before JONES, BARKSDALE, and DENNIS, Circuit Judges. PER CURIAM:* Clay Owen Bergman appeals from his conviction and resultant sentence for the manufacture..
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IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 98-50959
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
CLAY OWEN BERGMAN,
Defendant-Appellant.
- - - - - - - - - -
Appeal from the United States District Court
for the Western District of Texas
USDC No. SA-97-CR-281-ALL-EP
- - - - - - - - - -
August 25, 1999
Before JONES, BARKSDALE, and DENNIS, Circuit Judges.
PER CURIAM:*
Clay Owen Bergman appeals from his conviction and resultant
sentence for the manufacture of marijuana. He argues that the
evidence was insufficient to support his conviction for
manufacturing in excess of 100 marijuana plants, that the
district court erred in the amount of drugs it attributed to him
for sentencing purposes, and that the court’s Allen charge was
deficient. We have reviewed the record and find no reversible
*
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that this opinion should not be published and is not precedent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. 98-50959
-2-
error. Drug quantities are not an element of a § 841(a) offense;
drug quantities are relevant only at sentencing. See United
States v. Watch,
7 F.3d 422, 426-27 (5th Cir. 1993). The
evidence was sufficient to support Bergman’s conviction for
manufacturing marijuana. See United States v. Martinez,
975 F.2d
159, 160-61 (5th Cir. 1992). Further, the district court’s
determination that Bergman should be held responsible for 510
marijuana plants was not clearly erroneous. See United States v.
Maseratti,
1 F.3d 330, 340 (5th Cir. 1993). Finally, the court’s
Allen charge was not deficient. See United States v. Winters,
105 F.3d 200, 203-04 (5th Cir. (1997). Accordingly, the judgment
of the district court is AFFIRMED.
AFFIRMED.