United States v. Gonzalez-Salazar

* 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that this opinion should not be published and is not precedent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. 01-20555
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JUAN MANUEL GONZALEZ-
SALAZAR,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-00-CR-66-1
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April 10, 2002
Before SMITH, DeMOSS, and PARKER, Circuit Judges.
PER CURIAM:*
Juan Manuel Gonzalez-Salazar argues that the district court
clearly erred in enhancing his offense level pursuant to U.S.S.G.
§ 3B1.1 based on Gonzalez’ organizational or leadership role in
an illegal-alien smuggling organization. He argues that the
presentence report (PSR) contained only conclusional statements
and did not contain specific facts showing his leadership role in
the organization.

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No. 01-20555
-2-
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
of fact that is reviewed for clear error. See United States v.
Posada-Rios, 158 F.3d 832, 878 (5th Cir. 1998).
We conclude that there is plausible evidence in the PSR to
support the district court’s determination and, thus, it was not
clearly erroneous. United States v. Parker, 133 F.3d 322, 329-
330 (5th Cir. 1998). The evidence in the PSR reflected that
there were more than five individuals involved in the smuggling
activity and that Gonzalez recruited participants and instructed
them with regard to the manner in which the operation was to be
carried out. The items discovered during the search of the
Gonzalez apartment also indicated that the Gonzalezes controlled
the tools used in the course of the smuggling operation.
Based on the unrebutted evidence in the PSR, the district
court’s determination that Gonzalez 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.

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