United States v. Byrd

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 96-10915 Summary Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus GARY DON BYRD, Defendant-Appellant. - - - - - - - - - - Appeal from the United States District Court for the Northern District of Texas USDC No. 1:96-CR-10-1 - - - - - - - - - - April 3, 1997 Before REAVLEY, JONES and STEWART, Circuit Judges. PER CURIAM:* Gary Don Byrd appeals his sentence following his guilty plea to bank fraud. Byrd contends that the district court erred in finding that he was an organizer or leader of a criminal activity involving five or more participants and that the activity was otherwise extensive. We have reviewed the record and the briefs of the parties and hold that the district court’s finding was not clearly erroneous. United States v. Ronning, 47 F.3d 710, 712 (5th Cir. 1995). AFFIRMED. * Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4.