USA vs. Pruneda, (5th Cir. 2002)

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IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 01-10968

Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

VICTOR PRUNEDA,

Defendant-Appellant.

Appeal from the United States District Court

for the Northern District of Texas

USDC No. 4:00-CR-239-5-A

February 21, 2002

Before JOLLY, JONES, and BENAVIDES, Circuit Judges.

PER CURIAM:* Victor Pruneda appeals his sentence for distribution of marijuana and for using a communications facility to commit a controlled substance offense. 21 U.S.C. §§ 841(a)(1), 843(b). He argues that the district court clearly erred in finding that he occupied an aggravating role in the offense warranting a two-level increase in his offense level pursuant to U.S.S.G. § 3B1.1(c). The record contains sufficient reliable evidence supporting the district court's finding that Pruneda occupied an aggravating No. 01-10968 role in the offense. See United States v. Powell, 124 F.3d 655, 667 (5th Cir. 1997). Accordingly, his sentence is AFFIRMED.

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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

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