IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 98-41498 Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

ROGERS JOSEPH ANDRUS, JR.,

Defendant-Appellant.

- - - - - - - - - - Appeal from the United States District Court for the Eastern District of Texas USDC No. 1:97-CR-153-1 - - - - - - - - - -

December 15, 1999

Before JOLLY, HIGGINBOTHAM, and BARKSDALE, Circuit Judges.

PER CURIAM:*

Rogers Andrus, Jr., appeals his sentence from a guilty plea

for possession of cocaine base with intent to distribute. See

(a)(1) & (b)(1)(A).

On appeal, Andrus argues that the district court erred when

it found that Andrus was an organizer or leader of a criminal

activity that involved five or more participants and increased by

four levels his offense level. See U.S.S.G. § 3B1.1(a).

The pre-sentence report established that the criminal

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. No. 98-41498 -2-

activity involved five or more participants and that Andrus

directed the activities of several members of the criminal

activity. See United States v. Lage,

(5th Cir.

1999), petition for cert. filed, (U.S. Oct. 27, 1999)(99-6847).

Thus the district court did not err when it concluded that Andrus

was an organizer or leader and increased his offense level

accordingly. See

. The district court’s judgment is

AFFIRMED.