Filed: Jun. 16, 1999
Latest Update: Mar. 02, 2020
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 98-51069 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus ALMA ROSA PEREZ, Defendant-Appellant. - - - - - - - - - - Appeal from the United States District Court for the Western District of Texas USDC No. P-98-CR-101-2 - - - - - - - - - - June 16, 1999 Before EMILIO M. GARZA, BENAVIDES, and PARKER, Circuit Judges. PER CURIAM:* Alma Rosa Perez appeals her sentence in a guilty-plea conviction for possession with
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 98-51069 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus ALMA ROSA PEREZ, Defendant-Appellant. - - - - - - - - - - Appeal from the United States District Court for the Western District of Texas USDC No. P-98-CR-101-2 - - - - - - - - - - June 16, 1999 Before EMILIO M. GARZA, BENAVIDES, and PARKER, Circuit Judges. PER CURIAM:* Alma Rosa Perez appeals her sentence in a guilty-plea conviction for possession with ..
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IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 98-51069
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ALMA ROSA PEREZ,
Defendant-Appellant.
- - - - - - - - - -
Appeal from the United States District Court
for the Western District of Texas
USDC No. P-98-CR-101-2
- - - - - - - - - -
June 16, 1999
Before EMILIO M. GARZA, BENAVIDES, and PARKER, Circuit Judges.
PER CURIAM:*
Alma Rosa Perez appeals her sentence in a guilty-plea
conviction for possession with intent to distribute marijuana.
The district court found that Perez’ recruitment of Gilberto
Gonzales Juarez to assist her qualified her as a leader or
organizer under § 3B1.1 of the United States Sentencing
Guidelines. Perez contends that she does not meet the definition
of a § 3B1.1 leader or organizer because Juarez was not
*
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that this opinion should not be published and is not precedent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. 98-51069
-2-
criminally responsible and because she did not exercise control
or authority over Juarez.
The determination that a defendant is a § 3B1.1 “leader or
organizer” is a factual finding to be reviewed for clear error.
United States v. Ronning,
47 F.3d 710, 711 (5th Cir. 1995). The
district court adopted the findings of the presentence report
(PSR) in full. Although the district court did not make an
express finding that Juarez was criminally responsible and,
therefore, a participant under § 3B1.1, such a finding is
implicit in the judgment and is supported by both the PSR and the
sworn criminal complaint. See United States v. Sherbak,
950 F.2d
1095, 1099-1101 (5th Cir. 1992); United States v. Alfaro,
919
F.2d 962, 966 (5th Cir. 1992). Moreover, there is ample evidence
that Perez recruited Juarez and exercised some degree of
authority over him. Recruitment of accomplices is a factor to be
considered under § 3B1.1. United States v. Giraldo,
111 F.3d 21,
24-25 (5th Cir. 1997).
As the district court’s findings are plausible in light of
the record as a whole, they are not clearly erroneous. United
States v. Watson,
966 F.2d 161, 162 (5th Cir. 1992). Therefore,
we AFFIRM the judgment of the district court.
AFFIRMED.