UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

v.

No. 95-5859

LANCE VONDEL BELL, a/k/a Lance

Lee,

Defendant-Appellant.

Appeal from the United States District Court

for the Northern District of West Virginia, at Wheeling.

Frederick P. Stamp, Jr., Chief District Judge.

(CR-94-114)

Submitted: September 20, 1996

Decided: October 3, 1996

Before NIEMEYER, HAMILTON, and MOTZ, Circuit Judges.

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Affirmed by unpublished per curiam opinion.

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COUNSEL

Thomas E. Johnson, SCHRADER, BYRD, COMPANION & GURLEY, Wheeling, West Virginia, for Appellant. William D. Wilmoth,

United States Attorney, Sam G. Nazzaro, Assistant United States

Attorney, Wheeling, West Virginia, for Appellee.

_________________________________________________________________
Unpublished opinions are not binding precedent in this circuit. See

Local Rule 36(c).

_________________________________________________________________

OPINION

PER CURIAM:

Appellant Lance Vondel Bell pled guilty to conspiracy to possess

with intent to distribute cocaine base, 21 U.S.C.§ 846 (1994). On

appeal, he contends that he should have received a downward adjustment for being a minor participant in the drug conspiracy. Finding no

error, we affirm his conviction and sentence.

On two separate occasions, undercover officers purchased crack

cocaine from Bell. Bell was also in possession of crack cocaine after

a later arrest for purse snatching. Further evidence presented by the

Government established that Bell had been involved in the drug conspiracy from June 1993 to June 1994. In exchange for his guilty plea,

the Government agreed to move the district court under United States

Sentencing Commission, Guidelines Manual,§ 3B1.2 (Nov. 1994),

for a two-level downward adjustment for being a minor participant in

the offense.

At sentencing, both Bell and the Government objected to the presentence report and requested that the district court find that Bell was

entitled to the downward departure for his role in the offense. The district court denied these requests.

We review a district court's decision not to adjust downward under

§ 3B1.2 under the clearly erroneous standard. United States v.

Daughtrey, 874 F.2d 213, 218 (4th Cir. 1989). Under § 3B1.2, a district court may grant a two-point downward adjustment if the defendant played a minor role in the offense. See United States v. Brooks,

957 F.2d 1138, 1149 (4th Cir.), cert. denied, 505 U.S. 1228 (1992).

After a review of the record, we find that the district court did not

clearly err in refusing to grant the adjustment. The evidence established that Bell was involved in the conspiracy for at least one year.

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His involvement did not comprise a single event, but an extended

connection. Additionally, a drug seller in a drug conspiracy generally

cannot be considered a minor participant. Brooks , 957 F.2d at 1149.

Accordingly, we affirm Bell's conviction and sentence. We dispense with oral argument because the facts and legal contentions are

adequately presented in the materials before the court and argument

would not aid the decisional process.

AFFIRMED

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