United States v. Edwin Gayle Browning, A/K/A \Tex Browning, 61 F.3d 752 (1995). · Go Syfert
United States v. Edwin Gayle Browning, A/K/A \Tex Browning, 61 F.3d 752 (1995). Cases Citing This Book View Copy Cite
134 citation events (59 in the last 25 years) across 7 distinct courts.
Strongest positive: United States v. Hardy (ca10, 2025-08-12) · Strongest negative: Elwell v. United States (ca1, 1996-09-12)
Treatment trajectory · 1995 → 2026 · click a year to view as-of
1995 2010 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited "but see" Elwell v. United States
1st Cir. · 1996 · signal: but see · confidence high
But see _______ United States v. Browning, 61 F.3d 752 , 755 n.2 (10th Cir. _____________ ________ 1995) (distinguishing the Simmons line of cases on their _______ facts as dealing only with addict-informants whose testimony contradicted itself and/or who admitted to hazy memories).
discussed Cited "but see" Elwell v. United States
1st Cir. · 1996 · signal: but see · confidence high
But see United States v. Browning, 61 F.3d 752 , 755 n. 2 (10th Cir.1995) (distinguishing the Simmons line of cases on their facts as dealing only with addict-informants whose testimony contradicted itself and/or who admitted to hazy memories). 24 Whether or not the law can be said to have changed in other circuits, this circuit has not adopted such a rule of heightened scrutiny, nor are we aware of any recent congressional enactments or pronouncements by the Supreme Court making an alteration in the law in such instances.
discussed Cited as authority (rule) United States v. Hardy
10th Cir. · 2025 · confidence medium
Sentencing hearsay “Unlike at a criminal trial where the Federal Rules of Evidence limit the types of admissible evidence, at a sentencing hearing the court can have access to any relevant information, as long as it adheres to a preponderance of the evidence standard.” Ruby, 706 F.3d at 1227 ; see also U.S.S.G. § 6A1.3(a) (requiring “information has sufficient indicia of reliability to support its probable accuracy”). 16 Appellate Case: 24-8006 Document: 95-1 Date Filed: 08/12/2025 Page: 17 Hearsay statements are “presumptively unreliable” for trial purposes, Idaho v. Wright, 497 …
discussed Cited as authority (rule) United States v. Stapp
10th Cir. · 2025 · confidence medium
Hearsay statements are “presumptively unreliable” for trial purposes, Idaho v. Wright, 497 U.S. 805, 823 (1990), but “may be considered at sentencing if they bear ‘some minimal indicia of reliability,’” which is a “low hurdle,” United States v. Cook, 550 F.3d 1292, 1296 (10th Cir. 2008) (quoting United States v. Browning, 61 F.3d 752, 755 (10th Cir. 1995)).3 “Corroborating evidence is often key to determining whether a statement is sufficiently reliable.” Ruby, 706 F.3d at 1229 . ii.
discussed Cited as authority (rule) United States v. Lujan
10th Cir. · 2024 · confidence medium
Lujan asserts that the district court erred in considering the statements of M.O. and I.R. and the testimony of Detective Nieto, which he argues were unreliable 5 Appellate Case: 22-2157 Document: 010111041346 Date Filed: 05/01/2024 Page: 6 hearsay.2 “While the due process clause protects a defendant’s right not to be sentenced on the basis of materially incorrect information, hearsay statements may be considered at sentencing if they bear ‘some minimal indicia of reliability.’” United States v. Cook, 550 F.3d 1292, 1296 (10th Cir. 2008) (quoting United States v. Browning, 61 F.3d 75…
discussed Cited as authority (rule) United States v. Austin
10th Cir. · 2023 · confidence medium
“While the due process clause protects a defendant’s right not to be sentenced on the basis of materially incorrect information, hearsay statements may be considered at sentencing if they bear ‘some minimal indicia of reliability.’” United States v. Cook, 550 F.3d 1292, 1296 (10th Cir. 2008) (quoting United States v. Browning, 61 F.3d 752, 755 (10th Cir. 1995)); see also U.S.S.G. § 6A1.3(a) (stating that sentencing courts may consider evidence inadmissible at trial “provided that the information has sufficient indicia of reliability to support its probable accuracy”). 3 District…
discussed Cited as authority (rule) United States v. Leib
10th Cir. · 2023 · confidence medium
“While the due process clause protects a defendant’s right not to be sentenced on the basis of materially incorrect information, hearsay statements may be considered at sentencing if they bear ‘some minimal indicia of reliability.’” United States v. Cook, 550 F.3d 1292, 1296 (10th Cir. 2008) (quoting United States v. Browning, 61 F.3d 752, 755 (10th Cir. 1995)); see also United States v. Martinez, 824 F.3d 1256 , 1260 n.5 (10th Cir. 2016). 5 Although Mr. Leib did not address the plain-error analysis until his reply brief, we exercise our discretion to consider Mr. Leib’s arguments.
discussed Cited as authority (rule) United States v. Alexander
10th Cir. · 2022 · confidence medium
In the sentencing context, district courts may consider evidence without regard to its admissibility under the Federal Rules of Evidence, but such evidence must have “‘sufficient indicia of reliability to support its probable accuracy.’” United States v. Padilla, 793 F. App’x 749 , 755 (10th Cir. 2019) (unpublished) (quoting U.S.S.G. § 6A1.3(a)).3 Thus, “hearsay statements may be considered at sentencing if they bear ‘some minimal indicia of reliability.’” Cook, 550 F.3d at 1296 (quoting United States v. Browning, 61 F.3d 752, 755 (10th Cir. 1995)).
examined Cited as authority (rule) United States v. McIntosh (4×) also: Cited "see", Cited "see, e.g."
10th Cir. · 2022 · confidence medium
In United States v. Browning, this court held that the district court sufficiently ensured the voluntariness of the defendant’s plea by confirming at the hearing that the two prescription medications the defendant was taking were “solely for treating ulcers and reducing pain” and the defendant “had 2 Even if these cases were more directly on point, “[u]npublished decisions are not precedential.” 10th Cir. R. 32.1. 14 Appellate Case: 20-5089 Document: 010110660067 Date Filed: 03/21/2022 Page: 15 never been treated for mental illness,” in addition to the district court asking if th…
discussed Cited as authority (rule) United States v. Pulham
10th Cir. · 2018 · confidence medium
Mr. Pulham concedes, as he must, that the court’s reliance on hearsay evidence was not a per se (continued...) 27 long as the statements bear “some minimal indicia of reliability.” Cook, 550 F.3d at 1296 (quoting United States v. Browning, 61 F.3d 752, 755 (10th Cir. 1995)); see also United States v. Beaulieu, 893 F.2d 1177, 1181 (10th Cir. 1990) (“As it pertains to hearsay information, due process requires that the information used have ‘some minimal indicium of reliability beyond mere allegation.’” (quoting United States v. Sunrhodes, 831 F.2d 1537, 1542 (10th Cir. 1987))); U.S…
cited Cited as authority (rule) United States v. Mowery
10th Cir. · 2017 · confidence medium
But as the government notes, § 3147(1) doesn’t set forth “a separate offense of conviction.” United States v. Browning, 61 F.3d 752, 756 (10th Cir. 1995).
discussed Cited as authority (rule) United States v. Bustamante-Conchas (2×)
10th Cir. · 2016 · confidence medium
Such evidence may include hearsay, so long as it “bear[s] some minimal indicia of reliability.” United States v. Cook, 550 F.3d 1292, 1296 (10th Cir. 2008) (quoting United States v. Browning, 61 F.3d 752, 755 (10th Cir. 1995)) (internal quotation marks omitted).
discussed Cited as authority (rule) United States v. Sanchez
10th Cir. · 2013 · confidence medium
Further, at the sentencing hearing, his counsel suggested an evidentiary hearing was unnecessary based on a proffer that two days after giving Mr. Sanchez a ride to the motel, “Ms. Smith received a recording in her voice mail of a threatening nature from Mr. Sanchez.” A sentencing court may rely on a wide array of relevant information, including hearsay evidence containing a minimal indicia of reliability, see United States v. Browning, 61 F.3d 752, 755 (10th Cir.1995), as well as un-objected-to facts in a presentence report, see United States v. Delossantos, 680 F.3d 1217 , 1219 n. 1 (10t…
discussed Cited as authority (rule) United States v. Ruby (2×)
10th Cir. · 2013 · confidence medium
United States v. Browning, 61 F.3d 752, 755 (10th Cir. 1995).
discussed Cited as authority (rule) United States v. Palato
10th Cir. · 2010 · confidence medium
United States v. Lopez, 100 F.3d 113, 120 (10th Cir.1996) (“Hearsay statements need only contain minimal indicia of reliability to be used at sentencing.” (citing United States v. Bromiing, 61 F.3d 752, 755 (10th Cir. 1995))).
discussed Cited as authority (rule) United States v. Cook
10th Cir. · 2008 · confidence medium
While the due process clause protects a defendant’s right not to be sentenced on the basis of materially incorrect information, hearsay statements may be considered at sentencing if they bear “some minimal indicia of reliability.” United States v. Browning, 61 F.3d 752, 755 (10th Cir. 1995). 4 Defendant contends that our decision in United States v. Fennell, 65 F.3d 812 (10th Cir.1995) demonstrates the documents before the district court could not clear this low hurdle.
discussed Cited as authority (rule) United States v. Stroup (2×) also: Cited "see"
10th Cir. · 2008 · confidence medium
United States v. Browning, 61 F.3d 752, 754 (10th Cir. 1995); Nieto, 60 F.3d at 1469-70 ; United States v. Cook, 949 F.2d 289, 296 (10th Cir.1991).
discussed Cited as authority (rule) United States v. Garcia
10th Cir. · 2008 · confidence medium
Because the Federal Rules of Evidence do not apply at sentencing hearings, we have long held hearsay statements may be used at sentencing so long as they possess some “minimum indicia of reliability.” United States v. Browning, 61 F.3d 752, 754-55 (10th Cir.1995).
discussed Cited as authority (rule) United States v. Chambers
10th Cir. · 2008 · confidence medium
The district court may estimate the drug quantity in any reliable manner, as long as the evidence on which it relies bears “minimum indicia of reliability.” United States v. Browning, 61 F.3d 752, 754 (10th Cir. 1995).
cited Cited as authority (rule) United States v. Rollen
10th Cir. · 2007 · confidence medium
United States v. Browning, 61 F.3d 752, 754 (10th Cir.1995).
cited Cited as authority (rule) United States v. Portillo-Quezada
10th Cir. · 2006 · confidence medium
United States v. Browning, 61 F.3d 752, 755 (10th Cir.1995).
discussed Cited as authority (rule) United States v. Ray
10th Cir. · 2004 · confidence medium
“Witness credibility at sentencing is a question for the district court, and we find no reason to second-guess the court’s credibility assessments in this case.” United States v. Browning, 61 F.3d 752, 754-55 (10th Cir.1995) (citation and footnote omitted).
discussed Cited as authority (rule) United States v. Gatewood
10th Cir. · 2004 · confidence medium
Any information may be considered, so long as it has sufficient indicia of reliability to support its probable accuracy.” USSG § 6A1.3, cmt. (citations *1061 omitted); see also United States v. Fennell, 65 F.3d 812, 813 (10th Cir.1995); United States v. Browning, 61 F.3d 752, 755 (10th Cir.1995); United States v. Beaulieu, 893 F.2d 1177, 1181 (10th Cir.1990).
discussed Cited as authority (rule) United States v. Wilson
10th Cir. · 2004 · confidence medium
In admitting and relying on the witness statements in the police report, the district court clearly recognized the rules of evidence do not apply to sentencing hearings, and the sentencing court is free to consider hearsay that bears “some minimal indicia of reliability.” United States v. Browning, 61 F.3d 752, 755 (10th Cir.1995) (relying on Fed.R.Evid. 1101(d)(3) and U.S.S.G. § 6A1.3(a)).
cited Cited as authority (rule) United States v. Apperson
D. Kan. · 2003 · confidence medium
The district court may estimate the quantity provided the information underlying its estimate has “minimum indicia of reliability.” United States v. Browning, 61 F.3d 752, 754 (10th Cir.1995).
cited Cited as authority (rule) United States v. Pickard
D. Kan. · 2003 · confidence medium
United States v. Browning, 61 F.3d 752, 754 (10th Cir.1995); see also U.S.S.G. § 6A1.3(a).
cited Cited as authority (rule) United States v. Garcia
10th Cir. · 2001 · confidence medium
United States v. Browning, 61 F.3d 752, 755 (10th Cir.1995).
discussed Cited as authority (rule) United States v. Charles Lowell Kentz (2×)
9th Cir. · 2001 · confidence medium
See, e.g., United States v. DiPasquale, 864 F.2d 271 , 280-82 (3d Cir.1988); United States v. Feldhacker, 849 F.2d 293, 298-99 (8th Cir.1988); United States v. Lewis, 991 F.2d 322, 324 (6th Cir.1993); United States v. Browning, 61 F.3d 752, 755-57 (10th Cir.1995); United States v. Bozza, 132 F.3d 659, 661 (11th Cir.1998).
examined Cited as authority (rule) United States v. Reed (4×) also: Cited "see"
10th Cir. · 2001 · confidence medium
It is well established a district court’s use of estimates is an acceptable method for calculating drug quantities, so long as the information underlying those estimates has “a sufficient indicia of reliability.” U.S.S.G. *582 § 6A1.3(a); see also Ruiz-Castro, 92 F.3d at 1534 ; United States v. Browning, 61 F.3d 752, 754 (10th Cir.1995).
discussed Cited as authority (rule) United States v. Ulloa-Porras
10th Cir. · 2001 · confidence medium
United, States v. Browning, 61 F.3d 752, 753 (10th Cir.1995) (citing United States v. Davis, 900 F.2d 1524, 1525-26 (10th Cir. 1990)); see also Tollett v. Henderson, 411 U.S. 258, 267 , 93 S.Ct. 1602 , 36 L.Ed.2d 235 (1973) (“When a criminal defendant has solemnly admitted in open court that he is in fact guilty of the offense with which he is charged, he may not thereafter raise independent claims relating to the deprivation of constitutional rights that occurred prior to the entry of the guilty plea.”).
discussed Cited as authority (rule) United States v. Huggins
10th Cir. · 2000 · confidence medium
“The use of estimates is an acceptable method for calculating drug quantities, as long as the information upon which the estimates are based has a minimum indicia of reliability.” United States v. Browning, 61 F.3d 752, 754 (10th Cir. 1995).
discussed Cited as authority (rule) United States v. Iris Collette Jackson Dwight Dean Jackson (2×)
10th Cir. · 2000 · confidence medium
United States v. Sloan, 65 F.3d 861, 865 (10th Cir. 1995), cert. denied, 516 U.S. 1097 (1996); United States v. Browning, 61 F.3d 752, 754-55 (10th Cir. 1995).
discussed Cited as authority (rule) United States v. Asch
10th Cir. · 2000 · confidence medium
See Fed.R.Crim.P. 11(d); United States v. Gigot, 147 F.3d 1193, 1197 (10th Cir.1998). “[W]hether the defendant’s plea was knowing, intelligent, and voluntary is a question of law we review de novo.” Gigot, 147 F.3d at 1197 (citing United States v. Browning, 61 F.3d 752, 753 (10th Cir.1995); United States v. Gomez-Cuevas, 917 F.2d 1521, 1524 (10th Cir.1990)).
discussed Cited as authority (rule) United States v. Kiister (2×)
10th Cir. · 2000 · confidence medium
Similarly, hearsay statements may be used at sentencing as long as they possess some “minimum indicia of reliability.” United States v. Browning , 61 F.3d 752, 755 (10th Cir. 1995).
cited Cited as authority (rule) United States v. Ledesma
10th Cir. · 2000 · confidence medium
The district court may estimate the quantity provided the information underlying its estimate has “minimum indicia of reliability.” United States v. Browning, 61 F.3d 752, 754 (10th Cir. 1995).
discussed Cited as authority (rule) United States v. Friesen
10th Cir. · 1999 · confidence medium
P. 11(h), see United States v. Gigot , 147 F.3d 1193, 1197 (10th Cir. 1998); United States v. Browning , 61 F.3d 752, 753 (10th Cir. 1995); United States v. Gomez-Cuevas , 917 F.2d 1521, 1524 (10th Cir. 1990), the argument lacks merit.
cited Cited as authority (rule) United States v. Alvey
10th Cir. · 1999 · confidence medium
Mr. Alvey now objects on the grounds that the fine was based upon unreliable hearsay, see United States v. -2- Browning, 61 F.3d 752, 755 (10th Cir. 1995), however, he has waived such an objection.
cited Cited as authority (rule) United States v. Collier
10th Cir. · 1999 · confidence medium
See U.S.S.G. § 6A1.3(a); United States v. Browning , 61 F.3d 752, 755 (10th Cir. 1995).
discussed Cited as authority (rule) United States v. McFadden
10th Cir. · 1999 · confidence medium
“Witness credibility at sentencing is a question for the district court, and we find no reason to second-guess the court’s credibility assessments in this case.” United States v. Browning , 61 F.3d 752, 754-55 (10th Cir. 1995) (citation and footnote omitted).
cited Cited as authority (rule) United States v. Lonnie Ray Wiseman
10th Cir. · 1999 · confidence medium
United States v. Browning 61 F.3d 752 755 (10th Cir.1995); U.S.S.G. § 6A1.3(a).
cited Cited as authority (rule) United States v. Wiseman
10th Cir. · 1999 · confidence medium
United States v. Browning , 61 F.3d 752, 755 (10 th Cir. 1995); U.S.S.G. § 6A1.3(a). -44- abetting a federal prisoner to escape.
discussed Cited as authority (rule) United States v. Kirtman
10th Cir. · 1999 · confidence medium
The evidence on which a sentencing court relies in making a drug quantity determination need only possess “a minimum indicia of reliability.” United States v. Browning , 61 F.3d 752, 754 (10th Cir. 1995).
discussed Cited as authority (rule) United States v. Summerlin (2×) also: Cited "see"
10th Cir. · 1998 · confidence medium
Their allegations of ineffective assistance of counsel are focused primarily on their attorneys’ representation in the first sentencing hearing. -3- challenge “facially insufficient” evidence in a presentence report constituted deficient performance; prejudice shown by resulting significantly greater sentence); United States v. Browning , 61 F.3d 752, 755 (10th Cir. 1995) (defendant has due process right not to be sentenced on materially incorrect information); United States v. Richards , 27 F.3d 465, 468 (10th Cir. 1994) (government has burden of proving drug quantity; information upon …
discussed Cited as authority (rule) United States v. Edward Dale Summerlin, Also Known as Peewee, Also Known as Dwayne Wildman, United States of America v. Harold Onee Behrens, Also Known as Buddy Behrens (2×) also: Cited "see"
10th Cir. · 1998 · confidence medium
See United States v. Kissick, 69 F.3d 1048, 1056 (10th Cir.1995) (counsel's failure to challenge "facially insufficient" evidence in a presentence report constituted deficient performance; prejudice shown by resulting significantly greater sentence); United States v. Browning, 61 F.3d 752, 755 (10th Cir.1995) (defendant has due process right not to be sentenced on materially incorrect information); United States v. Richards, 27 F.3d 465, 468 (10th Cir.1994) (government has burden of proving drug quantity; information upon which district court relies must be sufficiently reliable).
discussed Cited as authority (rule) United States v. Bell
10th Cir. · 1998 · confidence medium
However, a sentencing court’s factual findings may be supported by hearsay statements as long as the statements possess some “minimal indicia of reliability,” United States v. Browning, 61 F.3d 752, 755 (10th Cir. 1995), and the defendant bears the burden of establishing, by a preponderance of the evidence, his entitlement to an offense level reduction under § 3B1.2.
discussed Cited as authority (rule) United States v. Tayoun Leeshaw Bell
10th Cir. · 1998 · confidence medium
However, a sentencing court's factual findings may be supported by hearsay statements as long as the statements possess some "minimal indicia of reliability," United States v. Browning, 61 F.3d 752, 755 (10th Cir.1995), and the defendant bears the burden of establishing, by a preponderance of the evidence, his entitlement to an offense level reduction under § 3B1.2.
discussed Cited as authority (rule) United States v. Aragon
10th Cir. · 1998 · confidence medium
The district court may estimate the quantity provided the information underlying the estimate possesses a "minimum indicia of reliability." United States v. Browning, 61 F.3d 752, 754 (10th Cir.1995).
discussed Cited as authority (rule) United States v. Knowles
10th Cir. · 1998 · confidence medium
Because the Federal Rules of Evidence do not apply at sentencing hearings, hearsay statements may be used at sentencing as long as they possess some “minimum indicia of reliability.” United States v. Browning, 61 F.3d 752, 754-55 (10th Cir. 1995); see United States v. Beaulieu, 893 F.2d 1177, 1179-80 (10th Cir. 1990).
discussed Cited as authority (rule) United States v. Albert Knowles, Also Known as Alvin Cole, Also Known as A.J.
10th Cir. · 1998 · confidence medium
Because the Federal Rules of Evidence do not apply at sentencing hearings, hearsay statements may be used at sentencing as long as they possess some "minimum indicia of reliability." United States v. Browning, 61 F.3d 752, 754-55 (10th Cir.1995); see United States v. Beaulieu, 893 F.2d 1177, 1179-80 (10th Cir.1990).
cited Cited as authority (rule) United States v. Bozza
11th Cir. · 1998 · confidence medium
In United States v. Browning, 61 F.3d 752, 755 (10th Cir.1995), the district court enhanced the defendant’s sentence three levels pursuant to section 2J1.7.
Retrieving the full opinion text from the archive…
\""
Brorby, Logan, Kelly.
92  |  Paul G. Hess, Asst. U.S. Atty. (John Raley, U.S. Atty., with him on the brief), Muskogee, OK, for plaintiff-appellee., Tim Maxcey (Gene Stipe with him on the brief), McAlester, OK, for defendant appellant.
BRORBY, Circuit Judge.

Three days after a jury was empaneled for trial on a multiple-count indictment, the defendant, Edwin Gayle Browning, pled guilty to one count of participation in a drug conspiracy, 21 U.S.C. § 846, and one count of receiving, possessing, and disposing of a stolen motor vehicle that had been moved interstate, 18 U.S.C. §§ 2 and 2313(a), in exchange for dismissal of all remaining counts. In this direct appeal, Mr. Browning challenges a ruling made during jury selection, contests the voluntariness of his plea, and asserts numerous sentencing errors. We have jurisdiction pursuant to 28 U.S.C. § 1291, and affirm.

I

Mr. Browning first argues the district court erred in overruling his motion to dismiss a juror for cause because the juror’s brother was a law enforcement officer and the juror was studying to enter the law enforcement field. Because Mr. Browning had to use one of his peremptory challenges to remove the juror from the panel, Mr. Browning argues he was deprived of his due process rights. By pleading guilty, however, Mr. Browning waived his right to a jury altogether. See United States v. Hickok, 907 F.2d 983, 985 (10th Cir.1990). The alleged error during jury selection, therefore, cannot provide a basis for reversing his convictions. See United States v. Davis, 900 F.2d 1524, 1525-26 (10th Cir.) (holding that defendant’s guilty plea foreclosed his opportunity to challenge trial court’s denial of motions to suppress “[b]y entering a voluntary plea of guilty, [the defendant] waived all nonjurisdietional defenses”), cert. denied, 498 U.S. 856, 111 S.Ct. 155, 112 L.Ed.2d 121 (1990).

II

Mr. Browning’s second argument is the district court failed to insure the voluntariness of his guilty plea, as required by Fed.R.Crim.P. 11(d), by inadequately exploring whether his mental capacity was impaired by his use of two prescription medications: Zantac for ulcers, and an unidentified arthritis medicine. “[W]hether a district court has complied with Rule 11 before accepting a guilty plea is primarily a question of law subject to de novo review.” United States v. Gomez-Cuevas, 917 F.2d 1521, 1524 (10th Cir.1990). If a variance from Rule 11[*754] does not. affect the defendant’s substantial rights, it is considered harmless error. Fed. R.Crim.P. 11(h).

At the sentencing hearing, the court inquired as to whether the medication had in any way affected Mr. Browning’s ability to think or comprehend. Mr. Browning assured the court it had not. The court then asked Mr. Browning’s attorney if he had noticed any effect in Mr. Browning’s speech or actions from the medication, or whether he had any reason to believe that Mr. Browning was not mentally competent to understand the proceeding. Counsel answered in the negative. The court also clarified that the medication was solely for treating ulcers and reducing pain, and that Mr. Browning had never been treated for mental illness. Based on these inquiries and its own observations, the court found Mr. Browning mentally competent to enter a plea. We believe this evaluation was sufficient for purposes of Rule 11. Cf. United States v. Kearney, 684 F.2d 709, 711-12 & n. 2 (10th Cir.1982) (finding a similar inquiry sufficient to uphold trial court’s denial of defendant’s motion to withdraw a guilty plea). Moreover, even if Mr. Browning is correct that the court’s inquiry “did not probe deep enough,” the complete absence of evidence that his ability to enter a knowing and voluntary plea was affected by the medications renders any deficiency harmless.

Ill

Next, Mr. Browning argues the district court erred by relying on the testimony of Lisa Cox and codefendants Joe Don Barnes and Gary Don Lovelace to calculate the drug quantity for setting the base offense level of Mr. Browning’s conspiracy charge. At the sentencing hearing, all three witnesses testified to having purchased various quantities of methamphetamine from Mr. Browning for resale to other individuals during the period of the conspiracy. Their testimony was consistent with information they had previously provided in the investigation for the presen-tence report. After hearing their testimony, the district court adopted the presentence report’s “conservative” estimate that the drug conspiracy involved a quantity of 8.2 kilograms. [1]

Mr. Browning does not argue the testimony of Cox, Barnes and Lovelace, if credited, fails to support the calculation in the presen-tence report. Rather, he argues the court should have disregarded their testimony altogether as it was inherently unreliable because all three provided only quantity estimates, all had histories of drug use, all had incentives to minimize their own culpability, and both Barnes and Lovelace had prior criminal records.

We review the district court’s drug quantity determination only for clear error. United States v. Easterling, 921 F.2d 1073, 1077 (10th Cir.1990), cert. denied, 500 U.S. 937, 111 S.Ct. 2066, 114 L.Ed.2d 470 (1991). The use of estimates is an acceptable method for calculating drug quantities, as long as the information upon which the estimates are based has a minimum indicia of reliability. Id. at 1077. After hearing Cox, Barnes, and Lovelace testify at the sentencing hearing, the district court made explicit findings that the testimony contained sufficient indicia of reliability. The court considered the character and mental condition of these witnesses. Nevertheless, the court was persuaded that the testimony was credible and reliable for purposes of determining relevant drug quantities because of their personal knowledge of specific facts underlying the drug transactions, their demeanor in court, and their “clear and responsive answers to questioning.” Witness credibility at sentencing is a question for the district court, See United States v. Deninno, 29 F.3d 572, 578 (10th Cir.1994), cert. denied, — U.S. —, 115 S.Ct. 1117, 130 L.Ed.2d 1081 (1995), and we find no reason to second-guess the court’s[*755] credibility assessments in this case. [2] Thus, because we agree that the minimum indicia of reliability existed to support the court’s reliance on the testimony of Cox, Barnes and Lovelace, we conclude the resulting drug quantity calculation was not clearly erroneous.

IV

Mr. Browning argues the district court erred in admitting certain hearsay statements at the sentencing hearing. Because the Federal Rules of Evidence on hearsay do not apply at sentencing, this argument must fail. See Fed.R.Evid. 1101(d)(3); U.S.S.G. § 6A1.3(a). While this court has held that defendants have a due process right not to be sentenced on the basis of materially incorrect information, and thus has required hearsay statements to possess some minimal indicia of reliability before being used at sentencing, United States v. Reid, 911 F.2d 1456, 1463-64 (10th Cir.1990), cert. denied, 498 U.S. 1097, 111 S.Ct. 990, 112 L.Ed.2d 1074 (1991), there is nothing in the record to suggest that the statements at issue here were inherently unreliable.

V

Mr. Browning next argues the trial court erred by imposing a four-level increase in the base offense of his conspiracy charge pursuant to U.S.S.G. § 3Bl.l(a), which provides for such an increase when “the defendant was an organizer or leader of a criminal activity that involved five or more participants or was otherwise extensive.”' Mr. Browning only challenges the district court’s finding that he was an “organizer or leader,” which is a factual determination reviewed for clear error. See United States v. Mays, 902 F.2d 1501, 1503 (10th Cir.1990). Mr. Browning argues his relationship to his coconspira-tors was simply that of seller to buyer, which we have held is insufficient proof of a leadership role. See Reid, 911 F.2d at 1465; Mays, 902 F.2d at 1503. Based on the coconspira-tors’ testimony at the sentencing hearing and Mr. Browning’s own admissions at the plea proceeding, the district court found Browning had played a leadership role beyond that of a mere “seller” with respect to his cocon-spirators, who were purchasing quantities for resale. Because there is sufficient evidence in the record from which to find Browning’s exercise of “independent management initiative,” see Mays, 902 F.2d at 1503, the court’s, factual finding cannot be deemed clearly erroneous.

VI

Lastly, Mr. Browning argues the district court erred in imposing a three-level increase in the base offense level of his conspiracy charge pursuant to U.S.S.G. § 2J1.7. Section 2J1.7, which implements 18 U.S.C. § 3147, requires a three-level increase if the offense of conviction was committed while the defendant was on release on another federal charge. [3] The district court applied § 2J1.7[*756] based on testimony at the sentencing hearing indicating that the drug conspiracy occurred while Mr. Browning was out on bond in an unrelated criminal case in the Western District of Oklahoma. Mr. Browning first challenges this finding because the testimony that the court relied on involved hearsay. Once again, because the Federal Rules of Evidence on hearsay do not apply at sentencing, and because the statements at issue possessed at least a minimal indicia of reliability, this argument fails.

Mr. Browning additionally argues the § 2J1.7 enhancement should be set aside because the government “did not give notice that it intended to ask for an enhanced sentence.” As a result, Mr. Browning argues the district court erred in applying this enhancement to his sentence. [4] The only authority offered in support of this argument is United States v. McCary, 14 F.3d 1502 (10th Cir.1994), which Mr. Browning cites for the proposition that there, “the government’s attorney filed a notice seeking a sentencing enhancement pursuant to [§] 3147. No such notice was filed in this case.”

It is undisputed the only notice Mr. Browning received of the possibility of a § 3147 penalty was through the presentence report and thus, he only had the opportunity to object prior to sentencing. The question of whether this notice was sufficient turns, in our judgment, on the question of whether § 3147 constitutes a separate offense of conviction or merely a sentencing enhancement.

We agree with those circuits that have held § 3147 is strictly a sentencing enhancement provision. United States v. Jackson, 891 F.2d 1151, 1152-53 (5th Cir.1989), cert. denied, 496 U.S. 939, 110 L.Ed.2d 668 (1990); United States v. Di Pasquale, 864 F.2d 271, 279-80 (3d Cir.1988), cert. denied, 492 U.S. 906, 109 S.Ct. 3216, 106 L.Ed.2d 566 (1989); United States v. Feldhacker, 849 F.2d 293, 298-99 (8th Cir.1988); United States v. Patterson, 820 F.2d 1524, 1526 (9th Cir.1987). As the Third Circuit succinctly and, in our opinion, correctly concluded:

In reaching our conclusion that § 3147 was intended only to enhance the punishments for other offenses, we are guided both by the plain language of the statute, which speaks clearly in terms of enhanced penalty — “[a] person convicted of an offense committed while released under this chapter shall be sentenced, in addition to the sentence prescribed for the offense” 18 U.S.C. § 3147 (Supp. IV 1986) — and by the legislative history of the provision, which reflects Congress’s intent that the potential for enhanced punishment serve as a deterrent to the commission of crimes during bail release. The Senate Report of this provision noted that
[s]ection 3147 is designed to deter those who would pose a risk to community safety by committing another offense when released under the provision of this title and to punish those who indeed are convicted of another offense.... Accordingly, this section prescribes a penalty in addition to any sentence ordered for the offense for which the defendant was on release. This additional penalty is a term of imprisonment of at least two years and not more than ten if the offense committed while on release is a felony....
See S.Rep. No. 225, 98th Cong., 2d Sess., reprinted in 1984 U.S.Code Cong. & Admin.News 3182, 3217 (emphases added). This passage refers to penalty only and to the fact that that penalty is “additional” to the sentence imposed for the substantive offense for which the defendant has been convicted. It gives no indication that Congress intended to create a separate criminal offense by its enactment of § 3147....

Di Pasquale, 864 F.2d at 279-80. As such, we regard § 3147 as “a self-executing and[*757] mandatory provision of law, addressed by Congress to sentencing courts.” Feldhacker, 849 F.2d at 299.

Because § 3147 is a self-executing sentence enhancement provision, we reject Mr. Browning’s contention that the district court erred in calculating his sentence. Mr. Browning was notified of the possibility of this enhancement prior to sentencing and thus, had the opportunity to, and in fact did, object to it at his sentencing hearing. Therefore, his notice of the applicability of this sentencing enhancement was sufficient.

Accordingly, the judgment of the district court is AFFIRMED.

1

. In addition to the information provided by Cox, Barnes, and Lovelace, the presentence report's 8.2 kilogram calculation was also based on information from other witnesses, and included the amount of drugs that Mr. Browning sold to an undercover agent. Mr. Browning does not challenge the court’s reliance on those other sources for its drug quantity calculation, so we need only address the information provided by Cox, Barnes, and Lovelace in this appeal.

2

. In urging us to reject the district court's credibility assessments, Mr. Browning has cited several cases in which drug quantity findings based on the testimony of prior drug addicts was deemed clearly erroneous for lack of a minimum indicia of reliability. Those cases, however, are all distinguishable on their facts. See, e.g., United States v. Richards, 27 F.3d 465, 469-70 (10th Cir.1994) (finding former drug addict's testimony on drug quantities unreliable because it was "extremely vague,” "flatly contradictory,” and admittedly based solely on guesswork by DEA agents for which the witness could provide no factual support); United States v. Simmons, 964 F.2d 763, 776 (8th Cir.) (finding drug addict’s testimony on drug quantities unreliable because she bed to the court, admitted to memory impairment, and could not quantify the drug transactions involved), cert. denied, — U.S. —, 113 S.Ct. 632, 121 L.Ed.2d 563 (1992); United States v. Robison, 904 F.2d 365, 371-72 (6th Cir.) (finding former drug addict’s testimony on drug quantities unreliable because she admitted to having memory loss for the period about which she was testifying and acknowledged that she had been pressured into fixing quantities that were "totally a guess” and had "no factual basis”), ce rt. denied, 498 U.S. 946, 111 S.Ct. 360, 112 L.Ed.2d 323 (1990); see also United States v. Miele, 989 F.2d 659, 666-68 (3d Cir.1993) (remanding for district court to make an explicit credibility finding before relying on former drug addict's testimony on drug quantities that was vague and inconsistent).

3

. 18 U.S.C. § 3147 provides:

A person convicted of an offense committed while released under this chapter shall be sentenced, in addition to the sentence prescribed for the offense to—
(1) a term of imprisonment of not more than ten years if the offense is a felony; or
[*756] (2) a term of imprisonment of not more than one year if the offense is a misdemeanor.
A term of imprisonment imposed under this section shall be consecutive to any other sentence of imprisonment.
4

. Mr. Browning states: "Since the appellant did not have sufficient notice of enhancement, Section 2J1.7 of the Sentencing Guidelines should not have been used by the trial court in adjusting appellant’s sentence.” Mr. Browning does not raise the issue of notice as it relates to the validity of his guilty plea and thus, we do not address it.