United States v. Hassette ( 2001 )

UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-21134
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
VERSUS
HECTOR HASSETTE,
Defendant-Appellant.
Appeal from the United States District Court
For the Southern District of Texas, Houston Division
(H-95-CR-142-44)
August 15, 2001
Before EMILIO M. GARZA, STEWART, and PARKER, Circuit Judges.
PER CURIAM:*
Hector Hassette appeals his sentence following his conviction.
Hassette pleaded guilty to conspiracy to possess with intent to
distribute in excess of 1000 kilograms of marijuana in violation of
21 U.S.C. §§ 841(a)(1), 841(b)(1)(A)(vii), and 846. He argues that
*
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opinion should not be published and is not precedent except under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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the district court erred by increasing his offense level pursuant
to United States Sentencing Guideline § 3B1.1(c) for his managerial
role in the conspiracy. We have reviewed the record, the briefs of
the parties, and the applicable law, and we discern no reversible
error. Hassette’s unsupported assertions of his lesser role in the
conspiracy do not satisfy his burden of demonstrating with rebuttal
evidence that the information contained in the presentence report
was inaccurate. See United States v. Alford, 142 F.3d 825, 831-32
(5th Cir.), cert. denied, 525 U.S. 1003 (1998). The district
court’s decision to increase Hassette’s offense level by two for
his managerial role in the offense was not clearly erroneous. See
United States v. Barreto, 871 F.2d 511, 512 (5th Cir. 1989).
AFFIRMED
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