IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 96-40998
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
DAVID GUAJARDO,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. C-96-CR-133-1
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May 21, 1997
Before REAVLEY, JONES and STEWART, Circuit Judges.
PER CURIAM:*
David Guajardo appeals the district court’s finding that he
had a supervisory role in the offense and its imposition of a
three-level increase in his offense level. Guajardo contends
that he was merely a supplier of the marijuana who contracted
with a pre-existing organization and that he did not exert
control or authority over anyone. Guajardo contends that there
was no reliable evidence in support of the district court’s
*
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that this opinion should not be published and is not precedent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. 96-40998
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finding.
The evidence in the record amply supports the district
court’s factual finding under U.S.S.G. § 3B1.1 that Guajardo’s
role in the offense conduct warranted the three-level increase in
his offense level. See United States v. Valencia, 44 F.3d 269,
272-73 (5th Cir. 1995). The district court’s finding was not
clearly erroneous. See id. at 272. The judgment of the district
court is AFFIRMED.