IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
February 12, 2009
No. 08-50392
Summary Calendar Charles R. Fulbruge III
Clerk
UNITED STATES OF AMERICA
Plaintiff-Appellee
v.
TRINI LOPEZ ESPINOZA
Defendant-Appellant
Appeal from the United States District Court
for the Western District of Texas
USDC No. 6:07-CR-16-1
Before WIENER, STEWART, and CLEMENT, Circuit Judges.
PER CURIAM:*
Trini Lopez Espinoza was convicted of conspiracy to distribute at least five
kilograms of cocaine. He was sentenced to life in prison and a five-year term of
supervised release.
The district court’s calculation of the applicable advisory guidelines
sentencing range was based on its determination that Espinoza had a base
offense level of 38. That base offense level was chosen based on the district
*
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should not be published and is not precedent except under the limited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. 08-50392
court’s finding that, for purposes of U.S.S.G. § 2D1.1, Espinoza was accountable
for more than 150 kilograms of cocaine.
Espinoza argues on appeal that the district court’s drug quantity
determination was clearly erroneous. He maintains that the district court relied
on information from witness Gabriel Hernandez that was materially untrue.
Even if we discount the portion of Hernandez’s testimony that is contested by
Espinoza, the district court’s factual finding that Espinoza was accountable for
more than 150 kilograms of cocaine is plausible in light of the whole record. See
United States v. Cisneros-Gutierrez, 523 F.3d 751, 764 (5th Cir. 2008).
Accordingly, that finding is not clearly erroneous. Id.
AFFIRMED.
2