No. 10-50461 Summary Calendar.United States Court of Appeals, Fifth Circuit.
February 16, 2011.
Joseph H. Gay, Jr., Assistant U.S. Attorney, U.S. Attorney’s Office, San Antonio, TX, for Plaintiff-Appellee.
Stanley Lee Schwieger, Law Offices of Stan Schwieger, Waco, TX, for Defendant-Appellant.
Appeal from the United States District Court for the Western District of Texas, USDC No. 6:09-CR-151-2.
Before DAVIS, SMITH and SOUTHWICK, Circuit Judges.
PER CURIAM:[*]
Arturo Oloverig Aglipay, Jr., appeals the sentence following his guilty plea to conspiracy to commit bank fraud. Aglipay argues that the district court clearly erred in applying the U.S.S.G. § 3Bl.l(c) enhancement based on a finding that he was a manager or organizer of the offense.
The district court’s finding that Aglipay was an organizer, leader, manager, or supervisor under § 3B1.1(c) is a factual finding reviewed for clear error. United States v. Gonzales, 436 F.3d 560, 584 (5th Cir. 2006). A factual finding not clearly erroneous where it is plausible in light of the record as a whole. United States v. Cooper, 274 F.3d 230, 238 (5th Cir. 2001).
The record contains evidence of the essential nature of Aglipay’s participation, the broad scope of the criminal activity, and his recruitment of Thomas Grant as a coconspirator. Moreover, his coconspirators fingered Aglipay as the head of the conspiracy, and Aglipay admitted to instructing his coconspirators how to work the scheme. The record therefore supports a finding that Aglipay was an organizer, leader, manager, or supervisor of one or more other participants See U.S.S.G. § 3Bl.l(c), comment. n.(2) Gonzales, 436 F.3d at 584.
AFFIRMED.
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