United States v. Mendieta

* 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this opinion should not be published and is not precedent except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.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 04-50144
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
LUCIA RODRIGUEZ MENDIETA,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. A-03-CR-227-2-H
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Before KING, Chief Judge, and DeMOSS and CLEMENT, Circuit Judges.
PER CURIAM:*
Lucia Rodriguez Mendieta appeals the sentence following her
guilty-plea convictions for conspiring to distribute and for
distributing cocaine. The Government has moved to strike
Mendieta’s amended appellate brief because Mendieta added an
appellate argument, which surpassed the scope of the order to
amend. This motion is DENIED.
Mendieta argues that the district court erred in imposing a
four-level increase under U.S.S.G. § 3B1.1(a), based upon a
United States Court of Appeals
Fifth Circuit
F I L E D
December 16, 2004
Charles R. Fulbruge III
Clerk

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No. 04-50144
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finding that she was a manager or supervisor in an enterprise
involving five or more people. The information in the
presentence report, which is presumed reliable, reveals that at
least five individuals participated in the cocaine conspiracy and
that Mendieta had control over the cocaine that was sold and the
individuals who sold cocaine on her behalf. See United States v.
Alford, 142 F.3d 825, 831-32 (5th Cir. 1998). Mendieta’s
argument that the increased sentence was improper under Blakely
v. Washington, 124 S. Ct. 2531 (2004), is foreclosed. See United
States v. Pineiro, 377 F.3d 464, 473 (5th Cir. 2004), petition
for cert. filed (U.S. July 14, 2004)(No. 04-5263). The judgment
of the district court is AFFIRMED.

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