United States v. Clifford Wise, 881 F.2d 970 (11th Cir. 1989). · Go Syfert
United States v. Clifford Wise, 881 F.2d 970 (11th Cir. 1989). Cases Citing This Book View Copy Cite
“recitation of a party's argument is not a finding of fact....”
72 citation events (23 in the last 25 years) across 6 distinct courts.
Strongest positive: United States v. Butler (ca11, 1995-01-06)
Treatment trajectory · 1989 → 2026 · click a year to view as-of
1989 2007 2026
Top citers, strongest first. 43 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) United States v. Butler (2×) also: Cited as authority (rule)
11th Cir. · 1995 · signal: see · quote attribution · 1 verbatim quote · confidence high
recitation of a party's argument is not a finding of fact_
discussed Cited as authority (verbatim quote) United States v. Harvey Eugene Butler Justice Vandell Hudson, A/K/A Jet, Eugene Gantt, A/K/A Tap, Anthony Renard Webb, A/K/A Ant, Ricky Jackson, A/K/A Kerry, United States of America v. Lorenzo L. Hooks, A/K/A Peanut (2×) also: Cited as authority (rule)
11th Cir. · 1995 · signal: see · quote attribution · 1 verbatim quote · confidence high
recitation of a party's argument is not a finding of fact....
discussed Cited as authority (rule) United States v. Justina Maria Holland
11th Cir. · 2023 · confidence medium
P. 32(i)(3)(B) (explaining that the court “must—for any disputed portion of the presentence report or other controverted matter—rule on the dispute or determine that a rul- ing is unnecessary either because the matter will not affect sentenc- ing, or because the court will not consider the matter in sentenc- ing”); United States v. Wise, 881 F.2d 970, 972 (11th Cir. 1989) (dis- cussing how, at the sentencing hearing, “the court must resolve all factual and legal disputes raised in the addendum to the presen- tence report—as well as any other objections raised by the parties during …
discussed Cited as authority (rule) United States v. Roger Amado Garcia
11th Cir. · 2019 · confidence medium
App. P. 3(c)(1)(B). 4 Case: 18-14123 Date Filed: 05/03/2019 Page: 5 of 9 appellate review.” See United States v. Villarino, 930 F.2d 1527, 1529 (11th Cir. 1991) (quoting United States v. Wise, 881 F.2d 970, 973 (11th Cir. 1989)).
discussed Cited as authority (rule) United States v. Isaias Villa, a.k.a. Isaias Villa-Mondragon
11th Cir. · 2017 · confidence medium
Villa conceded that he was responsible for 1.6 to 1.7 kilograms of methamphetamine ice, and a witness for the government recounted testimony of coconspirator that she and a cohort received four kilograms of the drug from Villa, see United States v. Wise, 881 F.2d 970, 973 (11th Cir. 1989).
discussed Cited as authority (rule) Wiand v. Cloud (2×) also: Cited "see"
M.D. Fla. · 2013 · confidence medium
United States v. Wise, 881 F.2d 970, 972 (11th Cir.1989).
discussed Cited as authority (rule) Wiand v. Dancing $, LLC (2×) also: Cited "see"
M.D. Fla. · 2013 · confidence medium
United States v. Wise, 881 F.2d 970, 972 (11th Cir.1989).
discussed Cited as authority (rule) Wiand v. Morgan (2×) also: Cited "see"
M.D. Fla. · 2013 · confidence medium
United States v. Wise, 881 F.2d 970, 972 (11th Cir.1989).
cited Cited as authority (rule) United States v. Bradley
11th Cir. · 2011 · confidence medium
United States v. Wise, 881 F.2d 970, 972-73 (11th Cir.1989).
cited Cited as authority (rule) United States v. Julio Cesar Avalos Cerpas
11th Cir. · 2010 · confidence medium
United States v. Wise, 881 F.2d 970, 972-73 (11th Cir.1989).
discussed Cited as authority (rule) United States v. Marc Eugene Noblitt
11th Cir. · 2008 · confidence medium
Aleman, 832 F.2d at 145 ; see also Rodriguez, 398 F.3d at 1296 (holding that government bears the burden to establish disputed facts by a preponderance of the evidence and enumerating “drug amount” as an example of such a *882 fact); United States v. Wise, 881 F.2d 970, 972 (11th Cir.1989) (stating that “appellant properly objected to [drug quantity in] the presentence report [by] contending that the evidence was insufficient to establish that over 500 grams of cocaine base were involved in his offense”).
discussed Cited as authority (rule) United States v. Jonathan Derek Niblack
11th Cir. · 2007 · confidence medium
As an initial matter, there is a question as to whether the district court ruled on Niblack’s objections regarding the application of a specific offense characteristic enhancement under § 2S1.1(b)(2)(B) and, therefore, whether we can conduct meaningful appellate review. “[T]he [district] court must resolve all factual and legal disputes raised in the addendum to the presentence report ... during the ... [sentencing] hearing.” United States v. Wise, 881 F.2d 970, 972 (11th Cir.1989).
discussed Cited as authority (rule) United States v. Sergio Rene Dominguez Chacon (2×) also: Cited "see"
11th Cir. · 2007 · confidence medium
“To facilitate judicial review of sentencing decisions and avoid unnecessary remands, we [have noted] that sentencing judges should make explicit findings of fact and conclusions of law.” United States v. Wise, 881 F.2d 970, 973 (11th Cir.1989).
discussed Cited as authority (rule) United States v. William Franklin Booth (2×) also: Cited "see"
11th Cir. · 2007 · confidence medium
“To facilitate judicial review of sentencing decisions and avoid unnecessary remands ... sentencing judges should make explicit findings of fact and conclusions of law.” United States v. Wise, 881 F.2d 970, 973 (11th Cir.1989).
cited Cited as authority (rule) United States v. Douglas Ehrlich, Dean Lafromboise, and Michael Cozzens
9th Cir. · 1997 · confidence medium
U.S. v. Wise, 881 F.2d 970, 972 (11th Cir.1989); U.S. v. Blackwell, 49 F.3d 1232, 1236 (7th Cir.1995).
discussed Cited as authority (rule) United States v. David S. Taylor
11th Cir. · 1996 · confidence medium
E.g., United States v. Withrow, 85 F.3d 527 , 531 n. 1 (11th Cir.1996) (declining to' remand where record supported sentence imposed even though the court had not made findings of fact as to enhancement); see also generally United States v. Jones, 52 F.3d 924, 927 (11th Cir.) (holding that “[n]o remand is necessary ... [where] no additional facts need be developed, and any district court decision of the issue would be reviewed de novo_”), cert. denied, - U.S. -, 116 S.Ct. 265 , 133 L.Ed.2d 187 (1995); United States v. Ismond, 993 F.2d 1498, 1499 (11th Cir.1993) (“If the court does not ma…
discussed Cited as authority (rule) United States v. Lawrence (2×)
11th Cir. · 1995 · confidence medium
See United States v. Roman, 989 F.2d 1117 , 1122 n. 11 (11th Cir.1993) (en banc) (Tjoflat, C.J., concurring), cert. denied, — U.S. -, 114 S.Ct. 2139 , 128 L.Ed.2d 868 (1994); United States v. Wise, 881 F.2d 970, 972 (11th Cir.1989).
discussed Cited as authority (rule) United States v. Dwight Gregory Lawrence, United States of America v. Samuel Williams, A/K/A Sammy, United States of America v. Patrick McQueen A/K/A Pat (2×)
11th Cir. · 1995 · confidence medium
See United States v. Roman, 989 F.2d 1117 , 1122 n. 11 (11th Cir.1993) (en banc) (Tjoflat, C.J., concurring), cert. denied, --- U.S. ----, 114 S.Ct. 2139 , 128 L.Ed.2d 868 (1994); United States v. Wise, 881 F.2d 970, 972 (11th Cir.1989).
discussed Cited as authority (rule) United States v. Helene Donna Alpert, United States of America v. Carl Henry Alpert (2×)
11th Cir. · 1994 · confidence medium
We have affirmed a section 3C1.1 enhancement with a one-sentence statement that the district court found that the defendant lied during plea negotiations and that these lies impeded investigation of the offense. 13 United States v. Bushert, 997 F.2d 1343, 1354 (11th Cir.1993); see United States v. Villarino, 930 F.2d 1527, 1529 (11th Cir.1991) (summary disposition as to factual findings at sentencing does not preclude meaningful appellate review); United States v. Wise, 881 F.2d 970, 973 (11th Cir.1989) (same).
discussed Cited as authority (rule) United States v. Glenda Newsome, Shawn Lee Rawls, Edwin Eugene Trout, United States of America v. Kenneth Birchfield, James Anthony Angerami (2×) also: Cited "see"
11th Cir. · 1993 · confidence medium
Although the district court failed to explain the Guidelines basis for the sentence on the firearm conviction, “the court's summary-disposition ... has not precluded meaningful appellate review.” United States v. Wise, 881 F.2d 970, 973 (11th Cir.1989); see also United States v. Villarino, 930 F.2d 1527, 1528-29 (11th Cir.1991) (same).
cited Cited as authority (rule) United States v. Daniel Jay Callahan
11th Cir. · 1993 · confidence medium
See United States v. Castellanos, 904 F.2d 1490, 1495 (11th Cir.1990); United States v. Wise, 881 F.2d 970, 972 (11th Cir.1989).
discussed Cited as authority (rule) United States v. Barry Dean Boatner
11th Cir. · 1992 · confidence medium
Because the presentence investigation report “establishes] the factual and legal backdrop for the sentencing hearing,” United States v. Jones, 899 F.2d 1097, 1102 (11th Cir.1990) (quoting United States v. Wise, 881 F.2d 970, 972 (11th Cir.1989)), we conclude that the stipulation limiting the amount of cocaine involved in Boatner’s offense was violated and the plea agreement breached when the government introduced evidence through the presen-tence investigation report showing that Bo-atner’s drug dealings had involved over three kilograms of cocaine.
discussed Cited as authority (rule) United States v. James B. Simmons, United States of America v. Charles H. Bowers (2×) also: Cited "see"
8th Cir. · 1992 · confidence medium
See Duarte, 950 F.2d at 1262 (in cocaine conspiracy and possession case, the base offense level depends upon the quantity of cocaine at issue in the crime); United States v. Wise, 881 F.2d 970, 971 (11th Cir.1989). 12 Drug quantity determinations also control which statutory mandatory minimum and maximum sentences apply in a given case.
cited Cited as authority (rule) United States v. Jones
11th Cir. · 1991 · confidence medium
United States v. Wise, 881 F.2d 970, 973 (11th Cir.1989).
cited Cited as authority (rule) United States v. Andrew Newman Jones, David D. Hodge, Andrew Zweigbaum, United States of America v. Tammy Kay Huskin, United States of America v. Jerome Michael Siegel
11th Cir. · 1991 · confidence medium
United States v. Wise, 881 F.2d 970, 973 (11th Cir.1989).
discussed Cited as authority (rule) United States v. Bennie Ray Hardeman
5th Cir. · 1991 · confidence medium
See United States v. Patterson, 837 F.2d 182, 183 (5th Cir.1988) (district court will not be reversed for failure to state its reasons for ordering full restitution if record provides sufficient evidence for review); United States v. Wise, 881 F.2d 970, 973 (11th Cir.1989). *284 Although the defendant’s guilty plea is evidence of acceptance of responsibility, U.S.S.G. § 3E1.1, comment (n. 3); United States v. Nevarez-Arreola, 885 F.2d 243, 246 (5th Cir.1989), the guilty plea, without more, does not mandate an adjustment.
cited Cited as authority (rule) United States v. Ricardo Alvarez Gutierrez, Jorge Eliecer Palacio, Jairo Rendon, Osmundo Roque, Jose Palma-Rodriguez, Manuel Palma-Rodriguez
11th Cir. · 1991 · confidence medium
United States v. Wise, 881 F.2d 970, 973 (11th Cir.1989).
discussed Cited as authority (rule) United States v. Emilio Villarino
11th Cir. · 1991 · confidence medium
DISCUSSION A. Failure to Make Explicit Findings of Fact and Conclusions of Law This court generally has held that “[t]o facilitate judicial review of sentencing decisions and avoid unnecessary remands, ... sentencing judges should make explicit findings of fact and conclusions of law.” *1529 United States v. Wise, 881 F.2d 970, 973 (11th Cir.1989); see also United States v. Jones, 899 F.2d 1097, 1102-03 (11th Cir.1990).
discussed Cited as authority (rule) United States v. Lorenzo Osorio (2×) also: Cited "see"
1st Cir. · 1991 · confidence medium
United States v. Wise, 881 F.2d 970, 972 (11th Cir.1989).
discussed Cited as authority (rule) United States v. Christopher (2×) also: Cited "see"
11th Cir. · 1991 · confidence medium
United States v. Wise, 881 F.2d 970, 973 (11th Cir.1989); see also 18 U.S.C. §§ 3552 , 3553; Sentencing Guidelines, §§ 6A1.1-6A1.3 (November 1, 1989); Fed.R.Crim.P. 32. “[EJvidence presented at the trial of another may not — without more — be used to fashion a defendant’s sentence if the defendant objects.
discussed Cited as authority (rule) United States v. Christopher (2×) also: Cited "see"
11th Cir. · 1991 · confidence medium
United States v. Wise, 881 F.2d 970, 973 (11th Cir.1989); see also 18 U.S.C.
discussed Cited as authority (rule) United States v. Alejandro Castellanos
11th Cir. · 1990 · confidence medium
A presentence report prepared by a United States probation officer initiates the process, see Sentencing Guidelines § 6A1.1, which we explained fully in United States v. Wise, 881 F.2d 970, 972 (11th Cir.1989): Once the report is prepared, counsel for both the prosecution and the defense have the opportunity to review it and make objections to any guideline applications that they believe to be erroneous.
discussed Cited as authority (rule) United States v. Scott Evan Jones (2×)
11th Cir. · 1990 · confidence medium
In this circuit, the pre-sentence investigation report, prepared by a United States probation officer, serves a function similar to that of a pre-trial stipulation in a civil trial: it “establish[es] the factual and legal backdrop for the sentencing hearing,” United States v. Wise, 881 F.2d 970, 972 (11th Cir.1989).
cited Cited "see" United States v. Thomas Kohler
11th Cir. · 2017 · signal: see · confidence high
See United States v. Wise, 881 F.2d 970, 973 (11th Cir. 1989).
cited Cited "see" United States v. Michael Joseph Hudacek
11th Cir. · 1994 · signal: see · confidence high
See United States v. Wise, 881 F.2d 970 (11th Cir.1989); United States v. Villarino, 930 F.2d 1527 (11th Cir.1991).
cited Cited "see" United States v. Henry Louis Ismond and Winston Daniel Fraser
11th Cir. · 1993 · signal: see · confidence high
See U.S. v. Wise, 881 F.2d 970, 973 (11th Cir.1989).
cited Cited "see" United States of America, Cross-Appellant v. Jerry R. Pippin, Cross-Appellee
11th Cir. · 1990 · signal: see · confidence high
See United States v. Wise, 881 F.2d 970, 972 (11th Cir.1989) (noting that "the court must resolve all factual and legal disputes raised in the addendum to the presentence report”). 9 .
cited Cited "see" United States v. Fausto D. Ruiz
1st Cir. · 1990 · signal: see · confidence high
See United States v. Wise, 881 F.2d 970, 973 (11th Cir.1989).
cited Cited "see" United States v. Keith Francis Michael
5th Cir. · 1990 · signal: accord · confidence high
Accord United States v. Wise, 881 F.2d 970, 972-73 (11th Cir.1989).
cited Cited "see" United States v. Alejandro Castellanos
11th Cir. · 1989 · signal: see · confidence high
See United *477 States v. Wise, 881 F.2d 970 , (11th Cir.1989).
cited Cited "see, e.g." United States v. Anton
11th Cir. · 2008 · signal: see, e.g. · confidence low
See, e.g., United States v. Wise, 881 F.2d 970 (11th Cir.1989).
discussed Cited "see, e.g." United States v. Calvin Godwin
11th Cir. · 2008 · signal: see, e.g. · confidence medium
See, e.g., United States v. Wise, 881 F.2d 970, 973 (11th Cir.1989) (government’s summation of evidence adduced at trial provided the court with sufficient evidentiary basis to calculate drug quantity).
cited Cited "see, e.g." United States v. Bernardine
11th Cir. · 1996 · signal: see also · confidence medium
Id. at 1209 n. 11; see also United States v. Wise, 881 F.2d 970, 971-72 (11th Cir.1989).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
Clifford WISE, Defendant-Appellant
88-3752.
Court of Appeals for the Eleventh Circuit.
Aug 7, 1989.
881 F.2d 970
Mark A. Pizzo, Asst. Federal Public Defender, Tampa, Fla., for defendant-appellant., Ward A. Meythaler, U.S. Atty., Walter E. Furr, Asst. U.S. Atty., Tampa, Fla., for plaintiff-appellee.
Tjoflat, Vance, Pittman.
Cited by 46 opinions  |  Published
TJOFLAT, Circuit Judge:

On February 25, 1988, a federal grand jury returned a six-count indictment that charged appellant Clifford Wise with various violations of the narcotics and firearms[*971] laws of the United States. [1] After a three-day jury trial, appellant was convicted on all counts. Because appellant’s offenses occurred after November 1, 1987, the district court sentenced appellant pursuant to the sentencing guidelines promulgated by the United States Sentencing Commission. See United States v. Burgess, 858 F.2d 1512, 1514 (11th Cir.1988). Applying the guidelines to the facts of appellant’s case, the district court sentenced appellant to a fifty-year term of incarceration, followed by a ten-year period of supervised release. [2] Appellant now challenges both his convictions and his sentences, alleging various errors at his trial and sentencing hearing. We conclude that only one of appellant’s claims merits discussion. [3]

I.

In sentencing appellant for his narcotics offenses, the district court rightly looked to Sentencing Guidelines § 2D1.1 (Oct.1987) (“Unlawful Manufacturing, Importing, Exporting, or Trafficking (Including Possession with Intent to Commit These Offenses”)). Under that guideline, the base offense level generally reflects the amount of narcotics implicated in the defendant’s offense conduct. See id. § 2D1.1(a)(3). [4] In applying guideline 2D 1.1 to the facts of appellant’s case, the district court determined that appellant’s offense involved over 500 grams of “crack” cocaine base; the court therefore concluded that the base offense level for appellant’s crime was 36. See id. § 2D1.1 drug quantity table. Appellant now argues that the district court improperly found that over 500 grams of cocaine base were involved in his offense. We disagree.

A.

In order to apply the guidelines, the district court first must establish the facts and circumstances of the defendant’s offense conduct. The court performs this function by means of an adversarial fact-finding process, similar to a civil bench trial. The presentence report prepared by a United States probation officer initiates this process.

In preparing the presentence report, the probation officer’s goal is “to provide the court with solid, well researched, verifiable information that will aid the court in selecting the proper guideline range.” Division of Probation, Administrative Office of the United States Courts, Presentence Investigation Reports Under the Sentencing Reform Act of 1984, at 2 (1987) [hereinafter “Probation Officer’s Manual”]. In the report, the probation officer begins by setting out the details of the defendant’s[*972] offense conduct and his criminal history. The officer then applies the guidelines to. these facts and states the sentencing options available to the court under the guidelines. See generally id, [5]

Once the report is prepared, counsel for both the prosecution and the defense have the opportunity to review it and make objections to any guideline applications that they believe to be erroneous. See Committee on the Administration of the Probation System, Judicial Conference of the United States, Model Local Rule for Guideline Sentencing (1987). The probation officer considers these objections, makes any amendments to the report that may be required, and sets forth in an addendum to the report the objections that remain unresolved. See Probation Officer’s Manual at 52. Pri- or to the sentencing hearing, the report and addendum, together with the probation officer’s sentencing recommendation, are submitted to the court. Id. The presen-tence report and addendum thus serve the same purpose as a pretrial stipulation in a civil bench trial, the report establishing the factual and legal backdrop for the sentencing hearing and the addendum enumerating the disputed factual and legal issues that the court must resolve.

The final step in the guideline sentencing process is the sentencing hearing. At this hearing, the court engages in a colloquy with both the prosecution and the defense concerning how the guidelines should be applied to the facts of the particular case before the court. In so doing, the court must resolve all factual and legal disputes raised in the addendum to the presentence report — as well as any other objections raised by the parties during the course of the hearing. The court performs this task by making findings of fact and conclusions of law.

B.

In the case at hand, the court, its probation officer, and the parties obviously had had little experience with the guideline sentencing process. As we have noted, the starting point of this process is the presen-tence report, which should contain preliminary findings concerning the facts and circumstances of the defendant’s offense. In this case, the presentence report stated as follows:

From January 13, 1988 through January 29, 1988, the total amount of “crack” cocaine seized or purchased was 53 grams. Based upon this information and projecting through the duration of the conspiracy, the Government contends that the conspiracy involved in excess of 500 grams of “crack” cocaine.

(Emphasis added.) Recitation of a party’s argument is not a finding of fact; thus, the presentence report contained no findings regarding the quantity of cocaine base upon which the district court could have relied in sentencing appellant.

Upon reviewing the presentence report, appellant properly objected to this aspect of the presentence report, contending that the evidence was insufficient to establish that over 500 grams of cocaine base were involved in his offense. Thus, the amount of cocaine involved in appellant’s offense became a disputed fact for the district court to resolve at the sentencing hearing.

In resolving this question, the district court asked counsel to state why they believed appellant’s offense did or did not involve over 500 grams of cocaine base. The prosecutor stated as follows:

One of the witnesses testified that the crack was distributed virtually every day for two years and that the Defendant had approximately half a dozen people helping him distribute the crack. In addition, the evidence revealed forty-five hundred dollars in money orders in the Defendant’s house which covered only three days in January. That comes to[*973] approximately fifteen hundred dollars a day in money orders which were obviously being used to launder the money and at fifty-six dollars a gram, which was the average price paid by the police for the crack, that computes to approximately twenty-six and a half grams of crack that was distributed every day. Consequently, the Defendant would have distributed approximately five — over five hundred grams in approximately twenty days.
Finally, the Defendant admitted to police officers that he was making ten thousand dollars a week distributing drugs and at fifty-six dollars a gram that comes to approximately one hundred and seventy-eight grams a week. And in fact, on one occasion he said he distributed thirty thousand dollars worth of crack in one week which is five hundred grams in one week all by itself. Consequently, by the Defendant’s own admission he was distributing more than five hundred grams of crack during the time of the conspiracy or during the time of the possession charged in count two.

Upon hearing the prosecutor’s statement, the court asked counsel for appellant whether he had any response. When counsel stated that he had none, the district court stated that it “adopt[ed] the Government’s position.”

C.

To facilitate judicial review of sentencing decisions and avoid unnecessary remands, we believe that sentencing judges should make explicit findings of fact and conclusions of law. Cf Fed.R.Civ.P. 52(a). The court failed to do so here. In this case, however, the court’s summary disposition of the parties’ factual dispute has not precluded meaningful appellate review. When combined with the appellant’s failure to produce contrary evidence or to advance an opposing argument, we conclude that the Government’s summation of the evidence adduced at trial provided the court with a sufficient evidentiary basis from which to find that over 500 grams of cocaine base was involved in appellant’s offense.

II.

Because we conclude that there was adequate evidence to support the district court’s conclusion that appellant’s offense involved over 500 grams of cocaine base, appellant’s convictions and sentences are

AFFIRMED.

1

. Count one of the indictment alleged that appellant conspired to possess more than 50 grams of cocaine with intent to distribute in violation of 21 U.S.C. § 846 (1982). Count two alleged that appellant possessed more than 50 grams of cocaine with intent to distribute in violation of 21 U.S.C. § 841(a)(1) (1982). Counts three through six alleged that appellant distributed various amounts of cocaine at various times in violation of 18 U.S.C. § 2 (1982) and 21 U.S.C. § 841(a)(1) (1982). Count seven alleged that appellant violated 18 U.S.C. § 924(c) (Supp. IV 1986) by using a firearm during the commission of a drug trafficking felony, and count eight charged appellant with possession of a firearm in violation of 18 U.S.C. § 922(g) (Supp. IV 1986).

2

. Specifically, the district court sentenced appellant to a forty-five year term of incarceration on counts one, two, five, and six; a thirty-year term of incarceration on counts three and four; and a five-year term of incarceration on counts seven and eight. These sentences were to run concurrently, except for the five-year term of incarceration imposed on count seven which was to run consecutively, as required by statute. See 18 U.S.C. § 924(c)(1) (Supp. IV 1986).

3

. Appellant also argues that the district court erred (1) in refusing to give a jury instruction proposed by appellant, (2) in denying a motion to dismiss count two of the indictment as duplicitous, (3) in denying appellant’s motion to suppress certain evidence, (4) in concluding that appellant was a career offender under 28 U.S. C.A. § 994(h) (West Supp.1989), and (5) in calculating appellant’s criminal history category. Having examined the record, we conclude that these arguments are without merit and unworthy of discussion.

4

. In some circumstances, the amount and type of narcotic drug has less relevance. For example, the guidelines provide a fixed base offense level of 38 or 43 for certain narcotics offenses that result in death or serious bodily injury. See Sentencing Guidelines § 2D1.1(a)(1), (2) (Oct.1987).

5

. The Probation Officer’s Manual also suggests that the presentence report should discuss other information that might be relevant for sentencing purposes, such as the defendant’s family and community ties, mental and physical health, level of education, and employment status; any fines or provision for restitution that may or must be imposed; and any factors that may warrant departure from the guideline sentencing range. The report should also evaluate the impact of any plea agreement on the sentencing alternatives prescribed by the guidelines.