IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 95-10544
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JAHN MICHAEL PHILLIPS,
Defendant-Appellant.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:95-CR-30-A
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May 1, 1996
Before HIGGINBOTHAM, DUHÉ, and EMILIO M. GARZA, Circuit Judges.
PER CURIAM:*
Jahn Michael Phillips appeals his sentence from his guilty-
plea conviction to bank fraud, in violation of 18 U.S.C. §§ 1344.
The district court did not clearly err by using the potential
loss to calculate the amount of loss for the offense. See United
States v. Wimbish, 980 F.2d 312, 315-16 (5th Cir. 1992), cert.
denied, 508 U.S. 919 (1993). The district court did not clearly
err by enhancing Phillips’ offense level for more than minimal
*
Pursuant to Local Rule 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that this opinion should not be published and is not precedent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 Local Rule
47.5.4.
No. 95-10544
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planning. See United States v. Clements, 73 F.3d 1330, 1340 (5th
Cir. 1996). The district court did not clearly err by enhancing
Phillips’ offense level for his role as an organizer or leader.
United States v. Watson, 988 F.2d 544, 550 (5th Cir. 1993), cert.
denied, 114 S. Ct. 698 (1994). Because deferred adjudications
following guilty pleas are rateable in determining criminal
history under the sentencing guidelines, the district court did
not err by using Phillips’ Texas state deferred adjudications to
calculate his criminal history category. See United States v.
Giraldo-Lara, 919 F.2d 19, 22-23 (5th Cir. 1990).
AFFIRMED.
United States v. Phillips
Combined Opinion