Filed: Jun. 16, 1999
Latest Update: Mar. 02, 2020
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 98-60325 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus MELVIN FORD, Defendant-Appellant. - - - - - - - - - - Appeal from the United States District Court for the Northern District of Mississippi USDC No. 1:97-CR-4-ALL - - - - - - - - - - June 15, 1999 Before EMILIO M. GARZA, BENAVIDES, and PARKER, Circuit Judges. PER CURIAM:* Melvin Ford appeals from his sentence following his guilty- plea convictions for
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 98-60325 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus MELVIN FORD, Defendant-Appellant. - - - - - - - - - - Appeal from the United States District Court for the Northern District of Mississippi USDC No. 1:97-CR-4-ALL - - - - - - - - - - June 15, 1999 Before EMILIO M. GARZA, BENAVIDES, and PARKER, Circuit Judges. PER CURIAM:* Melvin Ford appeals from his sentence following his guilty- plea convictions for v..
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IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 98-60325
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
MELVIN FORD,
Defendant-Appellant.
- - - - - - - - - -
Appeal from the United States District Court
for the Northern District of Mississippi
USDC No. 1:97-CR-4-ALL
- - - - - - - - - -
June 15, 1999
Before EMILIO M. GARZA, BENAVIDES, and PARKER, Circuit Judges.
PER CURIAM:*
Melvin Ford appeals from his sentence following his guilty-
plea convictions for violations of the Clean Water Act, 33 U.S.C.
ยง 1319(c)(1)(A). Ford argues that the district court erred by
failing to conduct an evidentiary hearing on his objections to
the PSR and that the court improperly based his sentence upon
charges in the indictment that had been dismissed. We have
reviewed the record and find no reversible error. Because Ford
*
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that this opinion should not be published and is not precedent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. 98-60325
-2-
did not offer any rebuttal evidence to refute the facts contained
in the PSR, the district court was free to adopt those findings
without further inquiry. See United States v. Angulo,
927 F.2d
202, 204-05 (5th Cir. 1991). Further, Ford has not shown that
the district court increased his sentence in any way based upon
the dismissed felony counts in the indictment. Accordingly, the
judgment of the district court is AFFIRMED.
AFFIRMED.