UNITED STATES of America, Plaintiff-Appellee, v. Steven CARR, a/k/a Steven D. Carr, Defendant-Appellant, 34 F. App'x 921

OPINION PER CURIAM. Steven D. Carr was found guilty following a jury trial of conspiracy to possess with intent to distribute cocaine base (Count 1), two counts of possession with intent to distribute cocaine base and aiding and abetting (Counts 4 and 5), and possession with intent to distribute cocaine base (Count 6). This court affirmed Carr’s convictions on direct appeal, but vacated his sentence and remanded for resentencing in light of Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000). United States v. Carr, No. 00-4001, 2000 WL 1616978 (4th Cir. OctSO, 2000) (unpublished).

On remand, the district court resentenced Carr to a total of 360 months of imprisonment. Specifically, the district court sentenced him to 240 months on Count 1; five years on each of Counts 4 and 5 to run concurrently to each other and consecutively to the sentence imposed in Count 1; and five years on Count 6 to run consecutively to the sentence imposed in Count 1. We now affirm Carr’s sentence. On appeal, Carr contends that the district court erred in concluding that he was responsible for at least 1.5 kilograms of cocaine base.

The district court’s determination of the drug quantity attributable to a defendant is a factual finding reviewed for clear error. United States v. Randall, 171 F.3d 195, 210 (4th Cir.1999). We have reviewed the testimony and we find no clear error in the district court’s determination that Carr distributed more than 1.5 kilograms of cocaine base, thus assigning him a base offense level of thirty-eight. See U.S. Sentencing Guidelines Manual § 2D1.1(c)(1) (2000). Accordingly, we affirm Carr’s sentence.

We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process. AFFIRMED.