United States v. North

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 97-10189 Summary Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus IVAN DAYLE NORTH, doing business as Air Space Supply, Inc., Defendant-Appellant. - - - - - - - - - - Appeal from the United States District Court for the Northern District of Texas USDC No. 4:96-CR-96-1-A - - - - - - - - - - December 11, 1997 Before JOLLY, BENAVIDES, and PARKER, Circuit Judges. PER CURIAM:* Ivan North appeals his sentence after pleading guilty to mail fraud. North contends that the district court erred in calculating the loss which resulted from his conduct. North also contends that the district court failed to make adequate factual findings when it enhanced his sentence under U.S.S.G. § 3B1.1(a) for being an organizer or leader of criminal activity that was otherwise extensive. * Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. No. 97-10189 -2- We have reviewed the record and the briefs of the parties and hold that the district court’s loss calculation was not clearly erroneous. See United States v. Brown, 7 F.3d 1155, 1159 (5th Cir. 1993); United States v. Marcus, 82 F.3d 606, 610 (4th Cir. 1996). We further hold that the district court sufficiently articulated the factual basis for its finding that North was an organizer or leader of criminal activity that was otherwise extensive. Moreover, the district court’s finding was not clearly erroneous. See United States v. Allibhai, 939 F.2d 244, 252-53 (5th Cir. 1991); United States v. Pierce, 893 F.2d 669, 676-77 (5th Cir. 1990). AFFIRMED.