Filed: Oct. 13, 2004
Latest Update: Feb. 21, 2020
Summary: United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT October 13, 2004 Charles R. Fulbruge III Clerk No. 04-40145 Summary Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus JOHN JASON SOLLEDER, Defendant-Appellant. - Appeal from the United States District Court for the Eastern District of Texas USDC No. 1:03-CR-121-1 - Before DAVIS, SMITH and DENNIS, Circuit Judges. PER CURIAM:* John Jason Solleder appeals his sentence follo
Summary: United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT October 13, 2004 Charles R. Fulbruge III Clerk No. 04-40145 Summary Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus JOHN JASON SOLLEDER, Defendant-Appellant. - Appeal from the United States District Court for the Eastern District of Texas USDC No. 1:03-CR-121-1 - Before DAVIS, SMITH and DENNIS, Circuit Judges. PER CURIAM:* John Jason Solleder appeals his sentence follow..
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United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT October 13, 2004
Charles R. Fulbruge III
Clerk
No. 04-40145
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JOHN JASON SOLLEDER,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 1:03-CR-121-1
--------------------
Before DAVIS, SMITH and DENNIS, Circuit Judges.
PER CURIAM:*
John Jason Solleder appeals his sentence following his guilty-
plea conviction for possession with intent to distribute five grams
or more, but less than 50 grams of cocaine base. Solleder argues
that the district court erred in converting $4,400 in cash that was
recovered from his residence into a quantity of cocaine base and
including this amount of drugs in the computation of his base
offense level. Solleder asserts that the district court failed to
determine that this constituted relevant conduct and that the
*
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this opinion should not be published and is not precedent except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. 04-40145
-2-
quantity of drugs seized did not accurately reflect the scale of
the offense. He also contends that the money found at his
residence did not consist solely of sums from the sale of cocaine
base but also related to transactions involving other controlled
substances and included gambling winnings.
During the sentencing proceedings, a written statement from
Solleder was admitted in which he stated that the money found at
his house came from the sale of crack cocaine. Additionally, an
investigator with the Texas Department of Public Safety testified
that Solleder told him that the money was obtained from the sale of
drugs on the day that he was arrested. This evidence supports the
district court’s decision to overrule Solleder’s objections and to
adopt the PSR. The district court did not clearly err by
determining that evidence of additional cocaine transactions
constituted relevant conduct, nor did it clearly err by converting
the currency to a quantity of cocaine base. See United States v.
Vital,
68 F.3d 114, 118 (5th Cir. 1995); United States v. Bethley,
973 F.2d 396, 401 (5th Cir. 1992).
AFFIRMED.