United States v. Richey

• Court: Court of Appeals for the Fifth Circuit
• Decided: April 19, 2004
• Docket: 03-40726
• Status: Unpublished

Opinion

United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT April 20, 2004

Charles R. Fulbruge III Clerk No. 03-40726 Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

JULIE RICHEY,

Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. C-02-CR-141-1 --------------------

Before JOLLY, JONES, and SMITH, Circuit Judges.

PER CURIAM:*

Julie Richey appeals her sentence following a guilty plea to

conspiracy to possess with intent to distribute more than 100

kilograms of marijuana. Richey argues that the district court

clearly erred by increasing her sentence based on its

determination that Richey acted as an organizer, leader, manager,

or supervisor in the offense. Having reviewed the evidence

presented at sentencing, we find no error in the district court’s

determination. United States v. Turner, 319 F.3d 716, 725 (5th

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 03-40726 -2-

Cir.), cert. denied, ___ U.S. ___, 123 S. Ct. 1939 (2003); United

States v. Powers, 168 F.3d 741, 752-53 (5th Cir. 1999).

AFFIRMED.