Opinion of the Court — United States v. Tate

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Type: Opinion of the Court
Filed: May 15, 2002
Case: United States v. Tate
Case status: Decided

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ORDER Antuwane Tate appeals from his judgment of conviction and sentence. Counsel for both parties have waived oral argument, and this panel unanimously agrees that oral argument is not needed. Fed. R.App. P. 34(a). In 2000, Tate pleaded guilty to possessing with intent to distribute cocaine base in violation of 21 U.S.C. § 841 (a)(1). The district court sentenced Tate to 126 *179 months of imprisonment and five years of supervised release, and the court imposed a $100 special assessment. In this timely appeal, Tate argues that the district court improperly determined the quantity of drugs utilized for sentencing purposes. Upon review, we conclude that the district court properly determined the drug quantity applicable to Tate’s sentence. This court reviews the sentencing court’s determination of drug quantity for clear error. United States v. Hough, 276 F.3d 884, 891 (6th Cir.2002). This finding of fact will be deemed clearly erroneous only when this court is left with the definite and firm conviction that a mistake has been committed, based on a review of the record as a whole. United States v. Raleigh, 278 F.3d 563, 566 (6th Cir.2002). The quantity of drugs needs only to be supp…

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