IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 95-11167
(Summary Calendar)
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ROBERT RHOADES,
Defendant-Appellant.
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Appeal from the United States District Court
for the Northern District of Texas
(USDC No. 4:95-CR-042-Y-06)
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October 9, 1996
Before HIGGINBOTHAM, WIENER and BENAVIDES, Circuit Judges.
PER CURIAM:*
Robert Rhoades appeals the sentence imposed following his
guilty-plea conviction for possession with intent to distribute
more than 50 kilograms of marijuana. Rhoades argues that the
district court clearly erred in finding that he was the
organizer/leader of criminal activity involving five or more
participants and in increasing his offense level under § 3B1.1 of
the U.S. Sentencing Guidelines. The facts presented in the
*
Pursuant to Local Rule 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that this opinion should not be published and is not precedent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 Local Rule
47.5.4.
Presentence Report and the testimony presented at the sentencing
hearing establish that Rhoades obtained the marijuana sources,
negotiated the transactions, and arranged for and hired people to
assist in transporting the marijuana. The evidence also
established that at least five people participated in the criminal
activity. Based on the facts presented in the PSR and the evidence
presented at the sentencing hearing, the district court’s finding
that Rhoades was an organizer/leader of criminal activity involving
at least five persons under § 3B1.1(a) was not clearly erroneous.
See United States v. Musquiz, 45 F.3d 927, 932-33 (5th Cir.), cert.
denied, 116 S. Ct. 54 (1995).
AFFIRMED.
2