United States v. Rogers

No. 99-20664
-1-
* 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that this opinion should not be published and is not precedent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. 99-20664
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
DANIELLE ROGERS,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-98-CR-450-4
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April 13, 2000
Before WIENER, DeMOSS, and PARKER, Circuit Judges.
PER CURIAM:*
Danielle Rogers appeals the sentence imposed following her
guilty-plea conviction of conspiracy to commit bank fraud. She
argues on appeal that the district court erred by refusing to
grant her a two-level downward adjustment pursuant to U.S.S.G.
§ 3B1.2(b) for being a minor participant in the criminal
activity. We review a district court’s factual finding as to the
defendant’s role in the offense for clear error. United States
v. Gallegos, 868 F.2d 711, 713 (5th Cir. 1989).

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No. 99-20664
-2-
The information in the PSR and the factual basis for
Rogers’s guilty plea show that she was an active participant in
the conspiracy to commit bank fraud. The district court was free
to adopt the PSR’s findings because they appeared sufficiently
reliable and Rogers failed to present any information to rebut
such findings. United States v. Vital, 68 F.3d 114, 120 (5th
Cir. 1995). In light of the evidence regarding Rogers’s
participation in the criminal offense, the district court’s
finding that Rogers was not a minor participant in the offense
was sufficiently stated and not clearly erroneous. Gallegos, 868
F.2d at 713.
Accordingly, the district court’s judgment is AFFIRMED.

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