United States Court of Appeals

for the Fifth Circuit

No. 20-30415

Summary Calendar

United States of America, 

Plaintiff—Appellee,

versus

Frank Jackson, 

Defendant—Appellant.

Appeal from the United States District Court

for the Middle District of Louisiana

USDC No. 3:18-CR-164-5

Before Davis, Stewart, and Dennis, Circuit Judges.

Per Curiam:*

Frank Jackson appeals the concurrent 33-month, within guidelinesrange sentences imposed upon his guilty pleas to mail fraud and conspiracy 

to commit mail fraud, contending that the district court committed 

procedural error by (1) applying a guidelines enhancement for being a leader 

* Pursuant to 5th Circuit Rule 47.5, the court has determined that this 

opinion should not be published and is not precedent except under the limited 

circumstances set forth in 5th Circuit Rule 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

July 15, 2021

Lyle W. Cayce

Clerk

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of the conspiracy and (2) holding him accountable, as relevant conduct, for 

conspiracy proceeds accrued by other members during several January 2017 

trips to Louisiana in which he did not personally take part. Jackson concedes 

that the district court’s relevant conduct finding did not affect his guidelines 

range but avers that it increased the amount of restitution he owes. 

The district court did not clearly err by finding Jackson to be an 

“organizer, leader, manager, or supervisor” of the conspiracy. U.S.S.G. 

§ 3B1.1(c); see United States v. Ochoa-Gomez, 777 F.3d 278, 281-82 (5th Cir. 

2015). Jackson’s sole argument is that the court erroneously found that he 

recruited a young woman, NH, into the conspiracy. See § 3B1.1, comment. 

(n.4). However, the court was entitled to rely on presentence report (PSR)’s 

assertions that Jackson did in fact recruit NH as well as statements to that 

effect by other co-conspirators. See United States v. Harris, 702 F.3d 226, 

230 (5th Cir. 2012). Jackson did not object that the PSR lacked sufficient 

indicia of reliability to support that finding and did not present any evidence 

rebutting the PSR facts. See id.; United States v. Ollison, 555 F.3d 152, 164 

(5th Cir. 2009). In any event, Jackson admitted that he helped recruit 

another young woman, BB, into the conspiracy. He further admitted that he 

taught HN how to conduct the fraudulent scheme. These facts support the 

application of § 3B1.1(c). See United States v. Posada-Rios, 158 F.3d 832, 881 

(5th Cir. 1998).

Nor did the district court clearly err in its attributable loss finding and 

attendant restitution award. See United States v. Wall, 180 F.3d 641, 644 (5th 

Cir. 1999); United States v. Beydoun, 469 F.3d 102, 107 (5th Cir. 2006). The 

record supports a plausible finding that conspiracy members’ January 2017 

conduct, including the victims’ fraud-induced losses, was reasonably 

foreseeable to Jackson. See United States v. Coleman, 609 F.3d 699, 708 (5th 

Cir. 2010); U.S.S.G. § 1B1.3(a)(1)(B). Jackson was a leader of the 

conspiracy, whose members made frequent trips to Louisiana from 

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December of 2016 through February of 2017. Jackson himself made a number 

of trips to Louisiana in January and February in furtherance of the conspiracy 

aims. Jackson also recruited and trained NH, who took part in the January 

2017 trips at issue. Accordingly, there is no error in the district court’s 

restitution award. See United States v. Ismoila, 100 F.3d 380, 398 (5th Cir. 

1996).

The judgment is AFFIRMED.

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