United States of America, Plaintiff-appellee, v. Jesus Prieto, Defendant-appellant, 900 F.2d 257 (4th Cir. 1990)

Jesus Prieto was convicted of one count of possession with intent to distribute five kilograms or more of cocaine, in violation of 21 U.S.C. § 841(a) (1). He was sentenced under the Sentencing Guidelines to 145 months imprisonment.^*  Prieto contends that the district court erred by increasing his offense level based upon his role in the offense as a leader/manager. We find no error, and we affirm.

A determination by a district court of a defendant's role in the offense is reviewable under the clearly erroneous standard. United States v. Daughtrey, 874 F.2d 213 (4th Cir. 1989). The evidence in this case is clear that Prieto's co-indictee, Terry Holderfield, was acting in the capacity of Prieto's courier at the time he was arrested in possession of 26 kilograms of cocaine and that it was Prieto who initiated and arranged the drug sale and who supplied the cocaine. Under these facts, we cannot say that the court's finding that Prieto was a leader/manager is clearly erroneous. Accordingly, we affirm. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court.

AFFIRMED.