IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 99-11255
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
DARRELL DEWAYNE MOSLEY,
Defendant-Appellant.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:99-CR-52-2-Y
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June 14, 2000
Before JOLLY, DAVIS, and STEWART, Circuit Judges.
PER CURIAM:*
Darrell Dewayne Mosley appeals from his conviction by guilty
plea of conspiracy to commit bank fraud. Mosley contends that
the district court erred by attributing amounts to him that were
not reasonably foreseeable and that the district court erred by
adjusting his offense level for his role as a leader or
organizer.
The attribution of $295,695.45 to Mosley was not clearly
erroneous. United States v. Sidhu, 130 F.3d 644, 651 (5th Cir.
1997). The Presentence Report (PSR) indicated that Mosley
*
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this opinion should not be published and is not precedent except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. 99-11255
-2-
organized and controlled the operations of the schemes resulting
in the losses on which his offense level was based. The district
court’s finding that Mosley was a leader or an organizer was not
clearly erroneous. United States v. Watson, 988 F.2d 544, 550
(5th Cir. 1993). The PSR indicated that Mosley hatched and
oversaw the extensive scheme that formed the basis of his
conviction; that he recruited others to participate; and that at
least 19 other people were involved in the scheme.
Mosley’s appeal is without arguable merit and is frivolous.
Howard v. King, 707 F.2d 215, 219-20 (5th Cir. 1983). The appeal
therefore is dismissed.
APPEAL DISMISSED. 5TH CIR. R. 42.2.