Summary Calendar UNITED STATES OF AMERICA v. Paula Lummus Fort

* 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this opinion should not be published and is not precedent except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.
United States Court of Appeals
Fifth Circuit
F I L E D
November 17, 2006
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 05-10940
Summary Calendar
UNITED STATES OF AMERICA
Plaintiff - Appellee
v.
PAULA LUMMUS FORT
Defendant - Appellant
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:05-CR-1-2
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Before KING, HIGGINBOTHAM, and GARZA, Circuit Judges.
PER CURIAM:*
Paula Lummus Fort appeals from her conviction of conspiracy
to obtain funds by fraud. Fort was involved in the criminal
activities orchestrated by former Kennedale, Texas, Police Chief
David Geeslin. See United States v. Geeslin, 447 F.3d 408 (5th
Cir. 2006).
Fort argues, contrary to our holding in Geeslin, that
Officer Gary Cooper was not a victim of Geeslin’s activities for

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No. 05-10940
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purposes of calculating the amount of loss pursuant to U.S.S.G.
§ 2B1.1. Fort’s argument is foreclosed by Geeslin.
Fort argues for the first time on appeal that Cooper was not
a victim of her criminal conduct and that she was as much a
victim of Geeslin’s conduct as Cooper was. Fort’s contentions
implicate factual determinations that could have been made by the
district court upon proper objection; Fort has not demonstrated
plain error. See United States v. Lopez, 923 F.2d 47, 50 (5th
Cir. 1991).
AFFIRMED.

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