United States v. Lerma ( 2000 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-40234
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
RUBEN LERMA,
Defendant-Appellant.
________________________________________
Appeal from the United States District Court
for the Southern District of Texas
USDC No. C-99-CR-335-2
________________________________________
December 12, 2000
Before POLITZ, DAVIS, and BENAVIDES, Circuit Judges.
PER CURIAM:*
*
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 R. 47.5, the court has determined that this opinion should not be
published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.
Ruben Lerma appeals his conviction for the distribution of cocaine,
contending that the district court abused its discretion when it permitted a
confidential informant to testify about buying drugs from him in the future. Our
review of the record persuades that the purported error was harmless because more
than adequate other evidence established Lerma’s guilt.1 As to the claimed
sentencing error, Lerma contends that the district court erred when it assigned him a
leadership role and increased his base offense level under U.S.S.G. § 3B1.1(c). We
find this assignment of error to be without merit. The evidence of record adequately
supports a finding that Lerma possessed decision making power, participated
extensively in the crime, and exercised control and authority over his
coconspirators.2
The judgment of the district court is therefore AFFIRMED.
1
United States v. Phillips, 219 F.3d 404 (5th Cir. 2000).
2
United States v. Thomas, 120 F.3d 564 (5th Cir. 1997).
2