IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 98-41498
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ROGERS JOSEPH ANDRUS, JR.,
Defendant-Appellant.
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Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 1:97-CR-153-1
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December 15, 1999
Before JOLLY, HIGGINBOTHAM, and BARKSDALE, Circuit Judges.
PER CURIAM:*
Rogers Andrus, Jr., appeals his sentence from a guilty plea
for possession of cocaine base with intent to distribute. See 21
U.S.C. § 841(a)(1) & (b)(1)(A).
On appeal, Andrus argues that the district court erred when
it found that Andrus was an organizer or leader of a criminal
activity that involved five or more participants and increased by
four levels his offense level. See U.S.S.G. § 3B1.1(a).
The pre-sentence report established that the criminal
*
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that this opinion should not be published and is not precedent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. 98-41498
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activity involved five or more participants and that Andrus
directed the activities of several members of the criminal
activity. See United States v. Lage, 183 F.3d 374, 383 (5th Cir.
1999), petition for cert. filed, (U.S. Oct. 27, 1999)(99-6847).
Thus the district court did not err when it concluded that Andrus
was an organizer or leader and increased his offense level
accordingly. See id. at 382. The district court’s judgment is
AFFIRMED.