United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT October 24, 2006
Charles R. Fulbruge III
Clerk
No. 05-50384
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
CHRIS PERALES; ANDY HERNANDEZ,
Defendants-Appellants.
--------------------
Appeal from the United States District Court
for the Western District of Texas
USDC No. 2:02-CR-163-1-AML
USDC No. 2:02-CR-163-2-AML
--------------------
Before JOLLY, DeMOSS, and STEWART, Circuit Judges.
PER CURIAM:*
Chris Perales and Andy Hernandez appeal the sentences
imposed following their convictions for conspiracy to possess
with intent to distribute cocaine and conspiracy to import
cocaine. Perales and Hernandez both challenge the district
court’s factual findings regarding their respective roles in the
offense.
Perales argues that the district court erred in finding that
he was a leader or organizer of the criminal activity and by
*
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this opinion should not be published and is not precedent except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. 05-50384
-2-
increasing his base offense level four levels pursuant to
U.S.S.G. § 3B1.1(a). The evidence establishes that Perales
operated an extensive drug operation out of his auto body shop.
The operation involved at least five couriers and one known
supplier in addition to two of the employees at Perales’s shop.
Perales’s activities included fronting the drug operation through
his body shop, receiving and paying for drug shipments from the
couriers, and recruiting the operation’s drug supplier. The
district court’s finding that Perales was a leader or organizer
of the operation is plausible in light of the record. See United
States v. Cooper, 274 F.3d 230, 238 (5th Cir. 2001).
Hernandez argues that the district court erred in finding
that he was a manager or supervisor of the criminal activity and
by increasing his base offense level three levels pursuant to
§ 3B1.1(b). The evidence establishes that Hernandez was heavily
involved in the day-to-day running of the drug operation. His
activities included receiving and paying for drug shipments from
the couriers and arranging drug transactions on behalf of
Perales. The district court’s finding that Hernandez was a
manager or supervisor of the operation is plausible in light of
the record. See id. Accordingly, the judgments are AFFIRMED.