Filed: Jul. 09, 1996
Latest Update: Mar. 02, 2020
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 95-11073 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus MARIA D. DELEON, also known as Cha Cha, Defendant-Appellant. - - - - - - - - - - Appeal from the United States District Court for the Northern District of Texas USDC No. 4:95-CR-87-3-A - - - - - - - - - - June 27, 1996 Before HIGGINBOTHAM, BARKSDALE, and BENAVIDES, Circuit Judges. PER CURIAM:* Maria DeLeon appeals her sentence from her guilty-plea conv
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 95-11073 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus MARIA D. DELEON, also known as Cha Cha, Defendant-Appellant. - - - - - - - - - - Appeal from the United States District Court for the Northern District of Texas USDC No. 4:95-CR-87-3-A - - - - - - - - - - June 27, 1996 Before HIGGINBOTHAM, BARKSDALE, and BENAVIDES, Circuit Judges. PER CURIAM:* Maria DeLeon appeals her sentence from her guilty-plea convi..
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IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 95-11073
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
MARIA D. DELEON, also known as
Cha Cha,
Defendant-Appellant.
- - - - - - - - - -
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:95-CR-87-3-A
- - - - - - - - - -
June 27, 1996
Before HIGGINBOTHAM, BARKSDALE, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Maria DeLeon appeals her sentence from her guilty-plea
conviction for conspiracy to distribute more than 100 grams of
heroin. DeLeon complains that the district court erred by
enhancing her base offense level for her participation in the
conspiracy as a manager and by relying on the Presentence Report
as basis for its findings. We have reviewed the record and the
*
Pursuant to Local Rule 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that this opinion should not be published and is not precedent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 Local Rule
47.5.4.
No. 95-11073
- 2 -
briefs of the parties and hold that the district court’s findings
were not clearly erroneous. See United States v. Watson,
988
F.2d 544, 550 (5th Cir. 1993), cert. denied
114 S. Ct. 698
(1994); U.S.S.G. § 3B1.1, comment. (n.4). Because DeLeon failed
to present evidence to refute the findings of the Presentence
Report, the district court did not err by relying upon it.
United States v. Ayala,
47 F.3d 688, 690 (5th Cir. 1995); United
States v. Elwood,
999 F.2d 814, 817 (5th Cir. 1993).
AFFIRMED.