United States v. Manuel Garcia, Jr.

36 F.3d 1103 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Manuel GARCIA, Jr., Defendant-Appellant. No. 94-50077. United States Court of Appeals, Ninth Circuit. Submitted Sept. 20, 1994. * Decided Sept. 22, 1994. Before: SNEED, WIGGINS and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 Manuel Garcia, Jr. appeals the sentence of 33 months imposed following his plea of guilty to conspiracy and theft of interstate goods in violation of 18 U.S.C. Secs. 371 , 659 and 2(a). Garcia claims the district court erred by basing its finding that he was an organizer or leader in the offense upon information that was not part of the record or presentence report. We have jurisdiction under 28 U.S.C. Sec. 1291 and we affirm. 3 We review for clear error a district court's determination that a defendant was an "organizer, leader, manager or supervisor" of an offense. United States v. Roberts, 5 F.3d 365, 371 (9th Cir.1993). We review for an…