United States v. Little

* 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this opinion should not be published and is not precedent except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.
United States Court of Appeals
Fifth Circuit
F I L E D
May 23, 2006
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 05-41076
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
SIDNEY WADE LITTLE,
Defendant-Appellant.
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Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 4:04-CR-127-1
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Before JOLLY, DAVIS and OWEN, Circuit Judges.
PER CURIAM:*
Sidney Wade Little appeals from his sentence following his
guilty-plea conviction for knowingly and intentionally possessing
pseudoephedrine with the intent to manufacture methamphetamine.
He argues that the district court erred by failing to award him a
safety-valve adjustment pursuant to U.S.S.G. § 5C1.2. The
district court did not err in determining that § 5C1.2 was not
applicable to Little’s sentence. See United States v. Villegas,
404 F.3d 355, 359 (5th Cir. 2005).

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No. 05-41076
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Little also contends that the district court clearly erred
by attributing to him an amount of pseudoephedrine that belonged
to his codefendant. The district court’s finding that Little and
his codefendant were engaged in jointly undertaken criminal
activity was not clearly erroneous. See United States v. Ayala,
47 F.3d 688, 690 (5th Cir. 1995). Accordingly, the district
court’s judgment is affirmed.
AFFIRMED.

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