United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT May 2, 2007
Charles R. Fulbruge III
Clerk
No. 06-41572
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ANGEL SIERRA, also known as Fernando,
Defendant-Appellant.
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Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 4:05-CR-210-1
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Before KING, HIGGINBOTHAM, and GARZA, Circuit Judges,
PER CURIAM:*
Angel Sierra appeals the sentence imposed following his
guilty plea conviction for conspiracy to possess with the intent
to distribute heroin where the offense resulted in a death.
Sierra argues that the district court clearly erred by imposing a
three level adjustment pursuant to U.S.S.G. § 3B1.1(b) for his
being a manager or supervisor of a criminal activity involving
five or more participants. He contends that the evidence before
the district court did not show that he managed or directed
others.
*
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this opinion should not be published and is not precedent except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. 06-41572
-2-
According to the presentence report and the indictment,
Sierra negotiated the sale of heroin with an undercover agent and
instructed other individuals to deliver the heroin. Based on the
facts presented in the indictment and the presentence report, we
find that the district court did not clearly err in imposing the
enhancement. See United States v. Rose, 449 F.3d 627, 633 (5th
Cir. 2006).
Accordingly, the judgment of the district court is AFFIRMED.