United States v. Alonso

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT February 13, 2007
Charles R. Fulbruge III
Clerk
No. 06-41079
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JOSE DEJESUS ALONSO, also known as Marco Antonio Vasquez,
Defendant-Appellant.
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Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 4:05-CR-71-4
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Before BARKSDALE, GARZA, and CLEMENT, Circuit Judges.
PER CURIAM:*
Jose DeJesus Alonso pleaded guilty to count one of his
indictment, which charged him and four others with conspiracy to
distribute and possess with intent to distribute and dispense
five kilograms or more of a mixture or substance containing
cocaine. See 21 U.S.C. § 846. He appeals the sentence imposed
for this offense, arguing that a three-level enhancement to his
offense level under U.S.S.G. § 3B1.1(b) was improper.
*
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this opinion should not be published and is not precedent except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. 06-41079
-2-
The district court imposed this enhancement based on its
finding that Alonso was a manager or supervisor in a criminal
activity that involved at least five participants. This finding
is reviewed for clear error. See United States v. Rose, 449 F.3d
627, 633 (5th Cir. 2006). Based on the record as a whole, such a
finding was plausible and therefore not clearly erroneous. See
id.
Accordingly, the judgment of the district court is AFFIRMED.