Jose Hurtado Flores appeals the 78-month sentence imposed by the district court 1 after he pled guilty to conspiracy to distribute marijuana, in violation of 21 U.S.C. § 846. Flores argues that the district court improperly relied on statements contained in the presentenee report (PSR) to enhance his sentence and that the court’s finding regarding his role in the offense was clearly erroneous. We affirm.
According to the PSR, in 1987, Flores became Kyle Lindquist’s source for marijuana in El Paso, Texas. Flores obtained the marijuana, recruited Ramon Alire, Jose Villegas, and Adrian Corral to transport it, and coordinated shipments and transfers of money. Alire eventually began supplying marijuana to Lindquist with Villegas’s help and without Flores’s knowledge. The PSR recommended a two-level enhancement pursuant to U.S.S.G. § 3Bl.l(c), based upon Flores’s role in the offense as an organizer, leader, manager, or supervisor.
In his written objections, Flores did not specifically object to the factual allegations in the PSR, but asserted that it incorrectly recommended a two-level increase. He cited the paragraphs in the report that detailed his activities and contended that his role was essentially equal to that of the couriers as evidenced by their actions in providing Lind-quist with marijuana without his knowledge or participation. At sentencing, Flores’s counsel essentially argued that the information in the PSR was insufficient to support a finding that Flores was an organizer, leader, manager, or supervisor. The government offered no evidence. The district court adopted the factual statements of the PSR and determined that Flores should receive a two-level enhancement for his role in the offense.
“A ‘presentence report is not evidence and is not a legally sufficient basis for making findings on contested issues of material fact.’ ”
United States v. Wise,
Here, Flores did not object to the factual allegations in the PSR; indeed, he relied on them to support his argument against the enhancement. The district court did not err in making a determination, based on an application of the Sentencing Guidelines to the uncontested facts, that Flores was an organizer, leader, manager, or supervisor.
See United States v. Edwards,
The judgment is affirmed.
Notes
. The Honorable David S. Doty, United States District Judge for the District of Minnesota.
