                      UNITED STATES COURT OF APPEALS
                           FOR THE FIFTH CIRCUIT
                           _____________________

                                No. 97-30898
                              Summary Calendar
                            ____________________

                        UNITED STATES OF AMERICA,

                                                     Plaintiff-Appellee,
                                   versus

                           JOHN WESLEY BROUSSARD,

                                             Defendant-Appellant.
_________________________________________________________________

           Appeal from the United States District Court
               for the Western District of Louisiana
                          (96-CR-60041-1)
_________________________________________________________________
                           March 27, 1998
Before WIENER, BARKSDALE, and EMILIO M. GARZA, Circuit Judges.

PER CURIAM:*

      John Wesley Broussard appeals the sentence imposed following

his   guilty   plea   to   transportation   of   hazardous   waste   to   an

unpermitted facility, its transportation without a manifest, and

its storage without a permit.        For the first time on appeal, he

challenges the district court’s upward departures, made pursuant to

U.S.S.G. § 2Q1.2, application notes 5 and 7.         Based on our review

of the record, we conclude that the district court did not commit

plain error in so departing.      See, e.g., United States v. Ravitch,

128 F.3d 865, 869 (5th Cir. 1997); United States v. Vital, 68 F.3d

114, 119 (5th Cir. 1995).


      *
          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that this opinion should not be published and is not precedent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.
Accordingly, Broussard’s sentence is

                                       AFFIRMED.




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