IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 96-40159
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
SALVADOR MTANOUS, also known as Chavo,
Defendant-Appellant.
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Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 6:95-CR-13-1
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October 23, 1996
Before POLITZ, Chief Judge, and JOLLY and HIGGINBOTHAM, Circuit Judges.
PER CURIAM:*
Salvador Mtanous appeals his sentence following a guilty
plea to using a communications facility to facilitate the
distribution of a controlled substance. Mtanous argues that the
district court should not have considered information Mtanous
provided pursuant to his plea agreement and that the court
clearly erred in determining the quantity of drugs involved in
the offense and in finding that Mtanous was an organizer or
*
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that this opinion should not be published and is not precedent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.
No. 96-40159
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leader of a criminal activity involving more than five
participants. Nothing in Mtanous’s plea agreement can be
construed to prohibit the district court from sentencing Mtanous
based on information obtained during his debriefing by Government
agents. The district court’s determination of the relevant
quantity of drugs and its finding that Mtanous had an aggravating
role in the offense are not clearly erroneous. See United States
v. Mergerson, 4 F.3d 337, 345 (5th Cir. 1993), cert. denied, 510
U.S. 1198 (1994); United States v. Watson, 988 F.2d 544, 550 (5th
Cir. 1993), cert. denied, 510 U.S. 1048 (1994).
AFFIRMED.