Opinion
No. 06-41572 Summary Calendar.
May 2, 2007.
Tracey M. Batson, Assistant U.S. Attorney, U.S. Attorney's Office, Eastern District of Texas, Piano, TX, for Plaintiff-Appellee.
Robert Jackson Herrington, Piano, TX, for Defendant-Appellant.
Appeal from the United States District Court for the Eastern District of Texas, USDC No. 4:05-CR-210-1.
Before KING, HIGGINBOTHAM, and GARZA, Circuit Judges.
Angel Sierra appeals the sentence imposed following his guilty plea conviction for conspiracy to possess with the intent to distribute heroin where the offense resulted in a death. Sierra argues that the district court clearly erred by imposing a three level adjustment pursuant to U.S.S.G. § 3B1.1(b) for his being a manager or supervisor of a criminal activity involving five or more participants. He contends that the evidence before the district court did not show that he managed or directed others.
According to the presentence report and the indictment, Sierra negotiated the sale of heroin with an undercover agent and instructed other individuals to deliver the heroin. Based on the facts presented in the indictment and the presentence report, we find that the district court did not clearly err in imposing the enhancement. See United States v. Rose, 449 F.3d 627, 633 (5th Cir. 2006).
Accordingly, the judgment of the district court is AFFIRMED.