United States v. Flores

Opinion

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

_____________________

No. 95-50516

Summary Calendar _____________________

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

v.

GUILLERMO FLORES,

Defendant-Appellant.

_________________________________________________________________

Appeal from the United States District Court for the Western District of Texas (EP-94-CR-261-DB) _________________________________________________________________ April 18, 1996 Before KING, SMITH, and EMILIO M. GARZA, Circuit Judges.

PER CURIAM:*

Guillermo Flores appeals his sentence for conspiracy to

possess cocaine with intent to distribute, arguing that the

district court clearly erred by sentencing him as a manager in

the offense. Flores also urges that his role in the offense was

minor. Flores objected to the increase in his offense level, but

he did not object that the facts reported by the probation

officer were incorrect. Flores testified at the sentencing

hearing, but the district court implicitly rejected Flores’

* Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4. version of his role in the offense as not credible. The district

court’s determination that Flores was the manager in charge of

transporting the cocaine is plausible in light of the record as a

whole and, thus, not clearly erroneous. United States v.

Edwards, 65 F.3d 430, 432 (5th Cir. 1995).

AFFIRMED.