Lopez

MEMORANDUM **

Jose Armente Lopez pled guilty to, and was sentenced for, possession of cocaine with intent to distribute, in violation of 21 U.S.C. § 841 (a)(1). He now appeals his sentence. Appellant claims that the district court erred when it used the quantity of drugs found in the SE Division Street apartment to determine his base offense level. We have jurisdiction to hear this appeal pursuant to 18 U.S.C. § 3742 (a) and 28 U.S.C. § 1291 , and we affirm.

A determination of the quantity of drugs involved in a criminal offense is a factual finding. 1 The district court’s factual findings must be supported by a preponderance of the evidence. 2 We review those factual findings for clear error. 3 We will overturn a district court’s findings only if we have a firm and definite conviction that the court made a mistake.

The district court did not clearly err when it determined that Appellant was responsible for the cocaine found in the Division Street apartment. Although the district court relied on the statements of Garcia Lopez to make its finding, other evidence corroborated those statements and provided additional support for the court’s finding. Garcia Lopez told the agents…