* Pursuant to 5 TH C IR . R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .

R. 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 97-41471 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus CHARLIE DEWAYNE TEMPLETON, Defendant-Appellant. Appeal from the United States District Court for the Eastern District of Texas USDC No. 6:95-36-37 August 19, 1998 Before KING, HIGGINBOTHAM, and JONES, Circuit Judges.

PER CURIAM: * Charlie Dewayne Templeton appeals his sentence from his guilty-plea conviction for possession with the intent to distribute cocaine. Templeton challenges the two-level adjustment, pursuant to U.S.S.G. § 3B1.1(c), by arguing that he sufficiently rebutted the information in the presentence report (PSR) about two individuals selling cocaine for him; the only surrebuttal to TempletonÂ’s explanation was the probation officerÂ’s recollection from his interview notes; the Government presented no evidence to rebut TempletonÂ’s explanation; and without any independent evidence corroborating the information in the PSR, the district courtÂ’s finding lacked a sufficient evidential basis. The district courtÂ’s credibility determination favored the probation officerÂ’s version of the statements made by Templeton during the interview.

See United States v. Sarasti , 869 F.2d 805, 807 (5th Cir. 1989).

Templeton§ 3B1.1 ruling was not clearly erroneous. See United States v. Giraldo , 111 F.3d 21, 23 (5th Cir.), cert. denied , 118 S. Ct. 322 (1997).

AFFIRMED.

No. 97-41471