United States v. Sanchez ( 1997 )

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.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. SA-94-CR-384
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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that this opinion should not be published and is not precedent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
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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.