IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 98-10318
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
THOMAS PEREZ, also known as Enrique Perez,
Defendant-Appellant.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:97-CR-342-1-T
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December 9, 1998
Before DAVIS, DeMOSS and STEWART, Circuit Judges.
PER CURIAM:*
Thomas Perez, also known as Enrique Perez, appeals from his
sentence following conviction for conspiracy to possess with
intent to distribute cocaine. Perez argues that the district
court erred by increasing his offense level by three levels
pursuant to U.S.S.G. § 3B1.1(b) for being a manager or supervisor
of a criminal activity involving five or more participants.
Perez does not challenge the district court’s factual findings,
but argues that the district court erred in concluding that its
factual findings warranted application of § 3B1.1(b).
*
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that this opinion should not be published and is not precedent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. 98-10318
-2-
We review the district court’s factual findings for clear
error and the application of the sentencing guidelines de novo.
United States v. Sylvester, 143 F.3d 923, 931 (5th Cir. 1998). A
finding that a defendant is a manager or supervisor pursuant to
§ 3B1.1(b) is a factual finding. United States v. Morris, 46
F.3d 410, 419 (5th Cir. 1995). A factual finding is not clearly
erroneous if it is plausible in light of the entire record. Id.
To qualify for this adjustment, Perez must have been the
manager or supervisor of one or more other participants.
§ 3B1.1, comment. (n.2). The district court found that Perez
warranted the § 3B1.1(b) adjustment because he handled the
negotiations, he made trips back and forth between the parties,
and the other coparticipants were acting as his assistants.
Based on the testimony of the DEA agent and informant involved in
the undercover operations leading to the arrest of Perez, Perez
was acting as a manager or supervisor regarding two of his
coparticipants. The district court did not err in applying
§ 3B1.1(b) to Perez’s sentence.
AFFIRMED.