United States v. Coscarelli

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No.95-20916 Summary Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus JOHN MICHAEL COSCARELLI, also known as Mike Coscarelli, Defendant-Appellant. Appeal from the United States District Court For the Southern District of Texas USDC No. CR-H-94-284-2 October 18, 1996 Before HIGGINBOTHAM, WIENER, and BENAVIDES, Circuit Judges. PER CURIAM:* John Michael Coscarelli appeals his sentence following conviction for wire fraud, in violation of 18 U.S.C. § 1343. He argues that the district court erred in refusing to reduce his offense level by one level for “timely” entering his guilty plea and by imposing a three-level enhancement based on Coscarelli’s role as a “manager” or “supervisor” in the offense. We have reviewed Coscarelli’s arguments and the record and find that the * Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4. district court did not clearly err in refusing to grant the one- level reduction and in imposing the three-level enhancement. United States v. Williams, 74 F.3d 654, 656-57 (5th Cir. 1996); United States v. Musquiz, 45 F.3d 927, 932-33 (5th Cir.), cert. denied, 116 S. Ct. 54 (1995). AFFIRMED. 2