United States v. Hebert ( 2000 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 99-30899
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JOAN HEBERT,
Defendant-Appellant.
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Appeal from the United States District Court
for the Eastern District of Louisiana
USDC No. 95-CR-257-2-F
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June 13, 2000
Before JOLLY, DAVIS, and STEWART, Circuit Judges
PER CURIAM:*
Joan Hebert appeals the sentence imposed for her convictions
of possession with the intent to distribute cocaine base and
cocaine powder in violation of 21 U.S.C. § 841(a)(1) and 18
U.S.C. § 2. She argues that the district court clearly erred in
finding that she had occupied a supervisory role in the illicit
enterprise.
This court reviews the sentencing court's application of the
sentencing guidelines de novo and accepts the sentencing court's
*
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that this opinion should not be published and is not precedent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.
No. 99-30899
-2-
findings of fact unless they are clearly erroneous. United
States v. Rodriguez-Guzman, 56 F.3d 18, 20 (5th Cir. 1995).
The sentencing guidelines mandate a two-level increase in
the defendant’s offense level if the defendant was “an organizer,
leader, manager, or supervisor in any criminal activity"
involving fewer than five participants. See § 3B1.1(c). To
qualify for this adjustment, “the defendant must have been the
organizer, leader, manager, or supervisor of one or more other
participants.” § 3B1.1, comment. (n.2). A sentencing court's
determination that a defendant played a leadership role is a
factual finding reviewable only for clear error. See United
States v. Parker, 133 F.3d 322, 329 (5th Cir.), cert. denied, 523
U.S. 1142 (1998). The district court’s findings are not clearly
erroneous if they are plausible in light of the record viewed in
its entirety. See United States v. Kelley, 140 F.3d 596, 609
(5th Cir.), cert. denied, 525 U.S. 908 (1998).
Viewed as a whole, the record contains sufficient reliable
evidence to support the district court’s finding that Hebert
played a supervisory role in the offense. See United States v.
Powell, 124 F.3d 655, 667 (5th Cir. 1997), cert. denied, 522 U.S.
1130 (1998). Accordingly, her sentence is
AFFIRMED.