United States v. Audry Lane ( 2018 )

Case: 17-10370 Document: 00514340477 Page: 1 Date Filed: 02/07/2018
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
No. 17-10370
Fifth Circuit
FILED
Summary Calendar February 7, 2018
Lyle W. Cayce
UNITED STATES OF AMERICA, Clerk
Plaintiff-Appellee
v.
AUDRY LANE, also known as Spud,
Defendant-Appellant
Appeals from the United States District Court
for the Northern District of Texas
USDC No. 4:16-CR-245-3
Before BENAVIDES, SOUTHWICK, and COSTA, Circuit Judges.
PER CURIAM: *
Audry Lane has appealed the sentence imposed related to his conviction
of conspiracy to commit sex trafficking. He asserts that the district court erred
in adjusting his Sentencing Guidelines offense level by two levels under
U.S.S.G. § 3B1.1(c) because he was an organizer or leader of criminal activity.
Lane argues that he “was involved in the organization and even helped
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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.
Case: 17-10370 Document: 00514340477 Page: 2 Date Filed: 02/07/2018
No. 17-10370
formulate the idea of the sex trade, but very soon backed off while his brother
and others ran the operation.”
Lane has not shown that the district court’s finding, based on the
unrebutted findings in the presentence report, is clearly erroneous. See United
States v. Ochoa-Gomez, 777 F.3d 278, 281 (5th Cir. 2015); see also United States
v. Guzman-Reyes, 853 F.3d 260, 265-66 (5th Cir. 2017). The judgment is
AFFIRMED.
2