United States v. Romero ( 1999 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 98-50192
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
BENJAMIN ROMERO,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. P-97-CR-137-1
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November 8, 1999
Before DAVIS, EMILIO M. GARZA, and DENNIS, Circuit Judges.
PER CURIAM:*
Benjamin Romero appeals his sentence following his guilty-
plea conviction for possession with intent to distribute
marijuana. Romero argues that the district court incorrectly
determined that Romero supervised or led one or both of his
codefendants in the offense and that his offense level should not
have been increased by two under U.S.S.G. § 3B1.1(c).
The district court’s determination that Romero supervised or
led one or both of the other two participants in the offense
under § 3B1.1(c) is a factual finding reviewed for clear error.
*
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that this opinion should not be published and is not precedent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. 98-50192
-2-
See United States v. Valencia, 44 F.3d 269, 272-73 (5th Cir.
1995). Our review of the record reveals that the district
court’s determination was plausible in light of the record read
as a whole and was not clearly erroneous. Accordingly, Romero’s
sentence is AFFIRMED.