UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT ___________________

No. 99-20271 Summary Calendar __________________

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

GUADALUPE DAVILA, also known as Lupe, also known as Homes, also known as Gordo, also known as El Gordo,

Defendant-Appellant. ________________________________________________________________

Appeal from the United States District Court for the Southern District of Texas (H-97-CR-226-6) _________________________________________________________________

November 10, 1999

Before JONES, SMITH, and BARKSDALE, Circuit Judges.

PER CURIAM:*

Guadalupe Davila appeals his 140—month sentence following a

guilty-plea conviction for conspiracy to possess with intent to

distribute cocaine and marijuana. Consistent wth his sentencing-

objection, Davila contends that the district court erred in

calculating his offense level based upon finding that his offense

involved 16 kilograms of cocaine.

The drug-amount finding is a factual determination, reviewed

only for clear error. E.g., United States v. Alford,

(5th Cir.), cert. denied, ___ U.S. ___,

(1998).

* 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 R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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 this regard, a presentence report (PSR) is generally considered

sufficiently reliable “to be considered by the trial court as

evidence in making the factual determinations required by the

sentencing guidelines”. United States v. West,

(5th Cir. 1995).

Pursuant to the PSR, Davila relayed messages for the drug

conspiracy, collected drug proceeds, and was compensated in

cocaine; and, therefore, the PSR contained sufficient evidence to

support finding that it was foreseeable to Davila that the

conspiracy involved 16 kilograms of cocaine.

Davila did not present evidence to rebut the PSR’s findings.

Accordingly, the district court, which is entitled to adopt an

uncontested PSR without further inquiry, e.g., Alford,

; United States v. Ayala,

(5th Cir. 1995), did

not clearly err.

AFFIRMED

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