Filed: Jun. 18, 2002
Latest Update: Feb. 21, 2020
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 01-31050 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus COREY D. JONES, Defendant-Appellant. - Appeal from the United States District Court for the Western District of Louisiana USDC No. 00-CR-30032-1 - June 18, 2002 Before HIGGINBOTHAM, DAVIS, and EMILIO M. GARZA, Circuit Judges. PER CURIAM:* Corey D. Jones argues that the district court clearly erred by increasing his offense level by four levels pursuant
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 01-31050 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus COREY D. JONES, Defendant-Appellant. - Appeal from the United States District Court for the Western District of Louisiana USDC No. 00-CR-30032-1 - June 18, 2002 Before HIGGINBOTHAM, DAVIS, and EMILIO M. GARZA, Circuit Judges. PER CURIAM:* Corey D. Jones argues that the district court clearly erred by increasing his offense level by four levels pursuant ..
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IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-31050
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
COREY D. JONES,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 00-CR-30032-1
--------------------
June 18, 2002
Before HIGGINBOTHAM, DAVIS, and EMILIO M. GARZA, Circuit Judges.
PER CURIAM:*
Corey D. Jones argues that the district court clearly erred
by increasing his offense level by four levels pursuant to
U.S.S.G. § 3B1.1(a) based on his organizational or leadership
role in a cocaine-trafficking conspiracy.
The Sentencing Guidelines provide for a four-level upward
adjustment of the defendant’s offense level if a defendant is an
organizer or leader of criminal activity involving five or more
participants. See U.S.S.G. § 3B1.1(a). The district court’s
determination of a defendant’s role in the offense is a finding
*
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that this opinion should not be published and is not precedent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. 01-31050
-2-
of fact that is reviewed for clear error. See United States v.
Posada-Rios,
158 F.3d 832, 878 (5th Cir. 1998). If the finding
is plausible in light of the record as a whole, it is not clear
error. United States v. Parker,
133 F.3d 322, 330 (5th Cir.
1998).
The PSR and sentencing transcript reveal plausible evidence
that there were at least five individuals involved in the drug-
trafficking activity and that Jones instructed participants with
regard to the time, place, and manner in which the operation was
to be carried out, including the purchasing of telephones and the
renting of a house where the cocaine trafficking occurred. See
United States v. Wilder,
15 F.3d 1292, 1299 (5th Cir. 1994). The
district court’s determination that Jones held a leadership role
in the criminal activity was not clearly erroneous. United
States v. Lage,
183 F.3d 374, 383 (5th Cir. 1999), cert. denied,
528 U.S. 1163 (2000). The sentence is AFFIRMED.