The opinion
Case: 13-60730 Document: 00512595508 Page: 1 Date Filed: 04/14/2014
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 13-60730 United States Court of Appeals
Summary Calendar
Fifth Circuit
FILED
April 14, 2014
UNITED STATES OF AMERICA, Lyle W. Cayce
Clerk
Plaintiff-Appellee
v.
CHRISTOPHER CARL BROWN,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Mississippi
USDC No. 1:13-CR-10-1
Before JOLLY, SMITH, and CLEMENT, Circuit Judges.
PER CURIAM: *
Christopher Carl Brown pleaded guilty to conspiracy to possess
pseudoephedrine with intent to manufacture methamphetamine. After
conducting a hearing, the district court sentenced Brown to 240 months in
prison. In imposing its sentence, the district court applied a leadership
enhancement, pursuant to U.S.S.G. § 3B1.1(a). On appeal, Brown challenges
the leadership enhancement, arguing that the evidence showed that he was a
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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.
Case: 13-60730 Document: 00512595508 Page: 2 Date Filed: 04/14/2014
No. 13-60730
mere participant or member in the conspiracy. For the following reasons, we
AFFIRM the district court’s judgment.
A defendant’s offense level should be increased four levels “[i]f the
defendant was an organizer or leader of a criminal activity that involved five
or more participants or was otherwise extensive.” U.S. Sentencing Guidelines
Manual § 3B1.1(a). “In determining whether a defendant is a leader, a court
should consider the following factors: ‘the exercise of decision making
authority, the nature of participation in the commission of the offense, the
recruitment of accomplices, the claimed right to a larger share of the fruits of
the crime, the degree of participation in planning or organizing the offense, the
nature and scope of the illegal activity, and the degree of control and authority
exercised over others.’” United States v. Cooper, 274 F.3d 230, 247 (5th Cir.
2001) (quoting U.S. Sentencing Guidelines Manual § 3B1.1 (cmt. n.4)).
The district court’s determination that Brown was a leader or organizer
for purposes of § 3B1.1(a) is a factual finding that we review for clear error.
See United States v. Alaniz, 726 F.3d 586, 622 (5th Cir. 2013). We “will uphold
a district court’s factual finding on clear error review so long as the
enhancement is plausible in light of the record as a whole.” United States v.
Caldwell, 448 F.3d 287, 290 (5th Cir. 2006).
As found by the district court, the presentence report and the sentencing
testimony showed that Brown’s role far exceeded that of an average member
or a mere “cook.” Brown recruited and organized others for the purpose of
securing pseudoephedrine and other precursor materials, he determined the
form and amount of payment for those materials, and he secured locations to
cook the methamphetamine. The district court’s factual findings are plausible
in light of the record as a whole. Id. Accordingly, the district court’s decision
is not clearly erroneous. Id.
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