Filed: Jun. 24, 2002
Latest Update: Feb. 21, 2020
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 01-20879 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus LEE WAYNE SIMPSON, Defendant-Appellant. - Appeal from the United States District Court for the Southern District of Texas USDC No. H-01-CR-235-1 - June 19, 2002 Before HIGGINBOTHAM, DAVIS, and EMILIO M. GARZA, Circuit Judges. PER CURIAM:* Lee Wayne Simpson pleaded guilty to counts 1 and 2 of an indictment charging him with bank fraud and has appealed h
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 01-20879 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus LEE WAYNE SIMPSON, Defendant-Appellant. - Appeal from the United States District Court for the Southern District of Texas USDC No. H-01-CR-235-1 - June 19, 2002 Before HIGGINBOTHAM, DAVIS, and EMILIO M. GARZA, Circuit Judges. PER CURIAM:* Lee Wayne Simpson pleaded guilty to counts 1 and 2 of an indictment charging him with bank fraud and has appealed hi..
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IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-20879
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
LEE WAYNE SIMPSON,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-01-CR-235-1
--------------------
June 19, 2002
Before HIGGINBOTHAM, DAVIS, and EMILIO M. GARZA, Circuit Judges.
PER CURIAM:*
Lee Wayne Simpson pleaded guilty to counts 1 and 2 of an
indictment charging him with bank fraud and has appealed his
sentence. Simpson argues that the district court erred by
finding that he was a "leader" in the offense under U.S.S.G.
§ 3B1.1(a). Simpson contends that he should have been
considered, instead, to be a "supervisor" under U.S.S.G.
§ 3B1.1(b). We review the district court's finding for clear
*
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this opinion should not be published and is not precedent except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. 01-20879
-2-
error. See United States v. Valencia,
44 F.3d 269, 272 (5th Cir.
1995).
Simpson argues that "the accomplice testimony suggested
everyone described in the [presentence report] was trying to
minimize their participatory role" and that their statements that
Simpson had a broader role than that of a supervisor should not
be credited because of Simpson's illiteracy. This argument is
without merit. A defendant challenging the findings in the
presentence report has the burden of demonstrating that the
information in the presentence report is "materially untrue,
inaccurate, or unreliable." United States v. Angulo,
927 F.2d
202, 205 (5th Cir. 1991). Simpson did not present any evidence.
The fact that the evidence may have been susceptible of a
different interpretation is not sufficient to show that the
district court's finding was clearly erroneous. See United
States v. West,
58 F.3d 133, 137 (5th Cir. 1995).
AFFIRMED.