United States v. Marion

Case: 23-10456 Document: 00517058837 Page: 1 Date Filed: 02/07/2024

United States Court of Appeals for the Fifth Circuit ____________

United States Court of Appeals Fifth Circuit No. 23-10456

Summary Calendar FILED ____________ February 7, 2024 Lyle W. Cayce United States of America, Clerk Plaintiff—Appellee, versus

Rico Marion,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Northern District of Texas USDC No. 4:22-CR-230-2 ______________________________

Before Jones, Smith, and Dennis, Circuit Judges.

Per Curiam: *

Rico Marion appeals the sentence imposed following his conviction for conspiracy to possess with intent to distribute methamphetamine. His guidelines range calculation included an enhancement pursuant to U.S.S.G. § 2D1.1(b)(16)(B)(i) for involving an individual that Marion knew was under Case: 23-10456 Document: 00517058837 Page: 2 Date Filed: 02/07/2024

No. 23-10456

18 years of age in the offense. Marion renews his argument that the district court did not have sufficient evidence that he knew the minor’s age.

We review the district court’s factual findings for clear error. See United States v. Caldwell, 448 F.3d 287, 290 (5th Cir. 2006). The district court based its finding of knowledge on evidence showing that Marion referred to the minor as “young” and “little” in his post-arrest interview as well as Marion’s lack of surprise when informed in the interview that the minor was fifteen. The district court’s findings are “plausible in light of the record as a whole” and are, therefore, not clearly erroneous. Id. AFFIRMED.