No. 97-41144
-1-
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 97-41144
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
TIRSO PEREZ-OCANAS,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. M-94-CR-224-1
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February 1, 1999
Before HIGGINBOTHAM, JONES, and DENNIS, Circuit Judges.
PER CURIAM:*
Tirso Perez-Ocanas appeals his sentence following a guilty-
plea conviction of possession with intent to distribute cocaine.
Perez-Ocanas argues that the district court erred in calculating
his offense level based on a finding that his offense involved six
kilograms of cocaine.
The presentence report indicated that Perez-Ocanas acted as a
middle man in negotiations to sell 12 kilograms of cocaine to Drug
Enforcement Administration (DEA) agents. Perez-Ocanas delivered
*
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that this opinion should not be published and is not precedent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. 97-41144
-2-
2.4 kilograms of cocaine to the agents and indicated that the
remaining cocaine was at his ranch. DEA agents searched the ranch
and seized an additional 4.8 kilograms of cocaine.
The district court found that Perez-Ocanas’s offense involved
the six kilograms of cocaine that were seized because that is the
amount that Perez-Ocanas negotiated to sell and was capable of
producing. See United States v. Davis, 76 F.3d 82, 85-86 (5th Cir.
1996). Perez-Ocanas presented no evidence to rebut the findings in
the PSR. The district court was entitled to adopt the findings in
the PSR without further inquiry. United States v. Ayala, 47 F.3d
688, 690 (5th cir. 1995). Because Perez-Ocanas was sentenced based
on his own conduct, the district court was not required to make
specific factual findings regarding Perez-Ocanas’s involvement in
the conspiracy. See United States v. McKinney, 53 F.3d 664, 677
(5th Cir. 1995).
AFFIRMED.