               IN THE UNITED STATES COURT OF APPEALS
                       FOR THE FIFTH CIRCUIT

                       _____________________

                            No. 98-20839
                       _____________________


          UNITED STATES OF AMERICA,

                               Plaintiff-Appellee,

          v.

          PAUL ROOSEVELT BANKS, also known as
          Paul Robert Banks,

                               Defendant-Appellant.

_________________________________________________________________

           Appeal from the United States District Court
            for the Southern District of Texas, Houston
                          (H-95-CR-219-1)
_________________________________________________________________

                        September 23, 1999

Before KING, Chief Judge, and JONES and STEWART, Circuit Judges.

PER CURIAM:*

     The district court’s ruling denying the appellant’s motion

to dismiss the indictment based on his claim that the government

lost or destroyed evidence in bad faith is not clearly erroneous.

The evidence was sufficient for a jury to find that the appellant

intentionally conspired to possess with intent to distribute

crack cocaine as charged in count one of the indictment.

Finally, the district court’s decision to enhance appellant’s


     *
      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this opinion should not be published and is not precedent except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.
sentence two levels based on his leadership role in the offense

is not clearly erroneous.

     The appellant’s judgment of conviction and sentence are

AFFIRMED.




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