United States v. Rojas ( 1998 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 97-20136
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
DONACIANO ROJAS,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-96-CR-152-1
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April 14, 1998
Before JOLLY, BENAVIDES, and PARKER, Circuit Judges.
PER CURIAM:*
Donaciano Rojas appeals from his sentence following his
guilty plea to one count of conspiracy to possess with intent to
distribute cocaine, and three counts of possession with intent to
distribute cocaine. Rojas argues that the district court erred
in: 1) pronouncing an oral sentence that varied from the written
judgment; 2) imposing a sentence enhancement, pursuant to U.S.
Sentencing Guidelines § 3B1.1(a), for Rojas’ role as a leader or
organizer of a criminal activity involving five or more
participants; and, 3) calculating his base offense level. In
*
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that this opinion should not be published and is not precedent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. 97-20136
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addition, Rojas contends that the Government breached an
agreement with him by failing to request a downward departure
from the district court.
We have reviewed the record and find no error. Accordingly,
the sentence imposed by the district court is AFFIRMED.