United States v. Ruben Ibarra ( 2000 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 99-4261
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
RUBEN IBARRA,
Defendant - Appellant.
Appeal from the United States District Court for the Middle Dis-
trict of North Carolina, at Durham. William L. Osteen, District
Judge. (CR-98-114)
Submitted: December 29, 1999 Decided: January 13, 2000
Before WIDENER and WILLIAMS, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Affirmed by unpublished per curiam opinion.
David B. Smith, Greensboro, North Carolina, for Appellant. Walter
C. Holton, Jr., United States Attorney, Clifton T. Barrett, As-
sistant United States Attorney, Greensboro, North Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Ruben Ibarra appeals the sentence imposed as a result of his
conviction after a jury trial for his role in a conspiracy to pos-
sess with intent to distribute marijuana. See 21 U.S.C. § 846(1994). Ibarra’s only assignment of error on appeal is his chal-
lenge to the calculation of his Total Offense Level under the
Sentencing Guidelines. Ibarra claims that the district court erred
in applying a four-level enhancement for his leadership role in the
conspiracy. See USSG § 3B1.1(a). Our review of the record and
presentence report reveals evidence sufficient to support the en-
hancement. Consequently, we can detect no clear error on the part
of the district court. See United States v. Perkins, 108 F.3d 512,
518 (4th Cir. 1997).
Accordingly, we affirm Ibarra’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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