United States v. Pruneda

* 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that this opinion should not be published and is not precedent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.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-10968
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
VICTOR PRUNEDA,
Defendant-Appellant.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:00-CR-239-5-A
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February 21, 2002
Before JOLLY, JONES, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Victor Pruneda appeals his sentence for distribution of
marijuana and for using a communications facility to commit a
controlled substance offense. 21 U.S.C. §§ 841(a)(1), 843(b).
He argues that the district court clearly erred in finding that
he occupied an aggravating role in the offense warranting a
two-level increase in his offense level pursuant to U.S.S.G.
§ 3B1.1(c).
The record contains sufficient reliable evidence supporting
the district court’s finding that Pruneda occupied an aggravating

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role in the offense. See United States v. Powell, 124 F.3d 655,
667 (5th Cir. 1997). Accordingly, his sentence is AFFIRMED.

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