IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-20516
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JORGE ELIECER CASTRO,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-00-CR-30-1
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March 6, 2002
Before DeMOSS, PARKER, and DENNIS, Circuit Judges.
PER CURIAM:*
Jorge Eliecer Castro appeals the sentence imposed following
his guilty-plea conviction for conspiracy to possess with intent
to distribute cocaine and cocaine base, in violation of 21 U.S.C.
§§ 841(a) and 846. Castro argues that the district court erred
by enhancing his offense level pursuant to U.S.S.G. § 3B1.1(a)
for his role as an organizer or leader. He additionally asserts
that the district court erred in holding him accountable for 50
kilograms of cocaine based on information from a Government
informant.
*
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that this opinion should not be published and is not precedent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. 01-20516
-2-
The district court’s determination that a defendant is an
organizer or leader under § 3B1.1 is a factual finding which this
court will disturb only if it is clearly erroneous. United
States v. Ayala, 47 F.3d 688, 689-90 (5th Cir. 1995). Generally,
a presentence report (PSR) bears sufficient indicia of
reliability to be considered as evidence by the sentencing judge
when making factual determinations. United States v. Alfaro, 919
F.2d 962, 966 (5th Cir. 1990). A close examination of the PSR
shows that it contained sufficient factual findings to support
the leadership adjustment. See U.S.S.G. § 3B1.1(a), comment.
(n.4); Ayala, 47 F.3d at 689-90. The district court’s finding
that Castro was a leader/organizer is not clearly erroneous.
We also review the district court’s determination regarding
the quantity of drugs for clear error. United States v. Alford,
142 F.3d 825, 831 (5th Cir. 1998). The sworn testimony of
unindicted co-conspirator Jimmy Escalante provided sufficient
corroboration for the statements Escalante made to investigative
agents regarding the amount of drugs he was hired by Castro to
distribute. See United States v. Morris, 46 F.3d 410, 425 (5th
Cir. 1995). Furthermore, Castro cannot now complain, for the
first time, that he was denied his rights of confrontation and
cross-examination and fails to demonstrate plain error. See id.
at 423; United States v. Calverley, 37 F.3d 160, 162-64 (5th Cir.
1994)(en banc), abrogated in part, Johnson v. United States, 520
U.S. 461 (1997). The district court’s finding that Castro was
accountable for the 50 kilograms of cocaine was not clearly
erroneous.
AFFIRMED.