United States v. Butler ( 2023 )

Case: 22-30280 Document: 00516863086 Page: 1 Date Filed: 08/18/2023
United States Court of Appeals
for the Fifth Circuit
____________ United States Court of Appeals
Fifth Circuit
No. 22-30280 FILED
August 18, 2023
Summary Calendar
____________ Lyle W. Cayce
Clerk
United States of America,
Plaintiff—Appellee,
versus
John Henry Butler, Jr.,
Defendant—Appellant.
______________________________
Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 3:21-CR-104-1
______________________________
Before King, Higginson, and Willett, Circuit Judges.
Per Curiam: *
John Henry Butler, Jr., appeals the 240-month within-guidelines
sentence imposed by the district court following his guilty plea conviction for
conspiracy to possess with intent to distribute 50 grams or more of
methamphetamine. He argues that the district court erred in imposing a
four-level enhancement under U.S.S.G. § 3B1.1(a) based on its finding that
_____________________
*
This opinion is not designated for publication. See 5th Cir. R. 47.5.
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No. 22-30280
he was a leader or organizer of an offense that involved five or more
participants or was otherwise extensive. According to Butler, there was
insufficient evidence in the factual basis and the case agent’s testimony at the
sentencing hearing to support the enhancement.
We review the finding of an aggravating role for clear error. United
States v. Anguiano, 27 F.4th 1070, 1074-75 (5th Cir. 2022). “A factual finding
that is plausible based on the record as a whole is not clearly erroneous.” Id.
at 1073 (internal quotation marks and citation omitted).
Here, the factual recitation in the PSR, which was based on the
stipulated factual basis and the investigative materials, “bears sufficient
indicia of reliability.” United States v. Zuniga, 720 F.3d 587, 591 (5th Cir.
2013) (internal quotations marks and citation omitted). Butler therefore was
required to present evidence demonstrating “that the information is
materially untrue, inaccurate or unreliable.” Id. (internal quotations marks
and citation omitted); see also United States v. Harris, 702 F.3d 226, 230 (5th
Cir. 2012). Butler failed to do so at sentencing, and the district court was
entitled to rely on the facts in the PSR. See Zuniga, 720 F.3d at 591; Harris,
702 F.3d at 230.
The record contains sufficient information to support the four-level
enhancement for Butler’s leadership role, including information in the PSR,
the factual basis, and the agent’s testimony concerning the investigation,
surveillance, and intercepted telephone calls. See United States v. Romans,
823 F.3d 299, 322 (5th Cir. 2016); United States v. Haines, 803 F.3d 713, 743-
44 (5th Cir. 2015); § 3B1.1, comment. (n.4). In particular, the record
established that Butler was a source of supply of methamphetamine,
hydrocodone, and fentanyl in the Monroe, Louisiana area; he dealt directly
with upstream suppliers; he gave instructions to others concerning where to
pick up and drop off the drugs; and others frequently contacted Butler
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No. 22-30280
concerning previous drug sales and obtaining more drugs for future sales.
Moreover, Butler was involved in setting prices and ensuring drug quality;
large amounts of drug proceeds were wired to him on a weekly basis; and he
was arrested in possession of a large amount of currency in small
denominations, which he later admitted was drug proceeds. The record was
also sufficient to establish that the offense involved five or more participants
or was otherwise extensive. See § 3B1.1(a). The district court’s finding that
Butler was a leader or organizer of the drug conspiracy involving five or more
participants was not clearly erroneous because it was plausible in view of the
record as a whole. See Anguiano, 27 F.4th at 1073.
AFFIRMED.
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