IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-21102
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
RIGOBERTO GOMEZ-SOLIS,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-00-CR-239-1
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October 25, 2001
Before WIENER, BENAVIDES, and DENNIS, Circuit Judges.
PER CURIAM:*
Rigoberto Gomez-Solis appeals the sentence imposed by the
district court following his guilty-plea conviction for
conspiracy to possess marijuana with intent to distribute and two
counts of possession of marijuana with intent to distribute. He
argues that the district court clearly erred in finding that he
was a leader or organizer of criminal activity involving five or
more participants and in increasing his offense level by four
points under U.S.S.G. § 3B1.1(a). Because Gomez-Solis did not
present rebuttal evidence and the evidence presented in the
*
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that this opinion should not be published and is not precedent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. 00-21102
-2-
Presentence Report (PSR) had an adequate evidentiary basis, the
district court did not clearly err in adopting the facts
presented in the PSR without further inquiry. See United States
v. Brown, 54 F.3d 234, 242 (5th Cir. 1995). Gomez-Solis has not
shown that the district court clearly erred in finding that he
was a leader or an organizer of criminal activity involving five
or more participants under § 3B1.1(a). See United States v.
Glinsey, 209 F.3d 386, 396 (5th Cir.), cert. denied, 531 U.S. 919
(2000).
AFFIRMED.
United States v. Gomez-Solis
Combined Opinion