United States v. Sanchez

Opinion

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 95-50642 Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

ALBERT SANCHEZ, JR.,

Defendant-Appellant.

- - - - - - - - - - Appeal from the United States District Court for the Western District of Texas USDC No. SA-94-CR-384 - - - - - - - - - - June 3, 1997 Before KING, JOLLY and DENNIS, Circuit Judges.

PER CURIAM:*

Albert Sanchez, Jr., appeals his sentence after being

convicted of distribution of cocaine and possession of cocaine

with intent to distribute. Sanchez contends that the district

court erred in assessing a two-level enhancement under U.S.S.G.

§ 3B1.1(c) after determining that he was an organizer in the

offense. We have reviewed the record and the briefs of the

parties and hold that the district court’s determination did not

* Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4.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. 95-50642 - 2 -

have an adequate evidentiary basis. United States v. Jobe, 101

F.3d 1046 (5th Cir. 1996). The record is inadequate to show that

Sanchez supervised Manzano in any activity for which Manzano was

criminally liable. Accordingly, the two-level enhancement under

§ 3B1.1(c) was improper.

It is ordered that the sentence imposed by the district

court against Sanchez is VACATED. The case is REMANDED to the

district court for resentencing.

VACATED AND REMANDED.