IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT _______________

m 98-41442 _______________

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

VERSUS

VICTOR HUGO CORTEZ,

Defendant-Appellant.

_________________________

Appeal from the United States District Court for the Southern District of Texas (B-98-CR-272-1) _________________________ August 30, 2000

Before SMITH and DENNIS, Circuit intent to distribute marihuana. We have Judges, and HARMON, District Judge.* examined the briefs and pertinent portions of the record and have heard the arguments of PER CURIAM:** counsel. We find no reversible error in the sentence that was imposed. Victor Cortez appeals the sentence imposed following his plea of guilty of possession with Specifically, there was no error in including earlier marihuana offenses as relevant conduct. The court properly enhanced the sentence be- * District Judge of the Southern District of cause of Cortez’s role as a leader, organizer, Texas, sitting by designation. or manager. The court did not err in refusing ** a downward adjustment for acceptance of Pursuant to 5TH CIR. R. 47.5, the court has responsibility. determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. AFFIRMED. 47.5.4.