### I N THE UNI TED STATES COURT OF APPEALS FOR THE FI F TH CI RCUI T

No. 12-30582

UNITED STATES OF AMERICA, Plaintiff - Appellee

v. STACEY H. WATSON, Defendant - Appellant

Appeal from the United States District Court for the Western District of Louisiana USDC No. 5:11-CR-189

Before DAVIS, JONES, and BENAVIDES, Circuit Judges. PER CURIAM: * Pursuant to a p l e a agreement, Appellant Stacey H. Watson (“Watson”) pleaded guilty to possession with intent to distribute me t hamphetamine in violation of 21 U.S.C. § 841(a)(1). Ba s e d o n h er r elevant conduct, Watson’s gu i d e line range was 135 t o 168 months of imprisonment. The d istrict court U n i t e d S t a te s C o u rt o f A p p e al s

F i f t h C i rc u i t 

### F I L E D Septem ber 17, 2013 Ly l e W . Cay ce Clerk

* Purs uant to 5 T H C I R

. R. 47. 5, the court has determ ined that this op inion s hould not be p ublis hed and is not p reced ent excep t und er the lim ited circum s tances s et forth in 5 T H C I R

. R. 47. 5. 4. Case: 12-30582 Document: 00512376512 Page: 1 Date Filed: 09/17/2013No. 12-30582

g r a nted the Government’s § 5K1.1 motion for substantial assistance a n d sentenced Watson to 72 months of imprisonment. Watson co n t ends that the district court’s consideration of her relevant conduct in determining her sentence resulted i n an unrea s o n a b l e sentence. Because Watson preserved t h is issue before t he district court, her argument is reviewed under a n abuse o f discretion s tandard. Gall v. United States , 552 U.S. 38, 51 (2007). Watson pleaded guilty to count 8 of t h e i ndictment that charged h er with possession with intent to distribute methamphetamine o n M ay 5, 2011. On that day, Watson had possession of one gram o f methamphetamine. However, count 8 did n o t p r o vide a quantity of methamphetamine. The PSR calculated that

o v e r t h e years she was accountable for distribution of 4,592.7 g rams of methamphetamine, which trans l ates into a pproximately 4.6 k ilograms. At sentencing, defense counsel stated that W atson “would stipulate that t he overall amount of drugs involved by all p a r t icipants in the conspiracy would be at or above 1.5 k ilogram s . ” Nonetheless, defense counsel continued to object to the

use of her relevant conduct in light of her plea t o the one count in which she physically possessed only one gram. The guidelines provide that if the offense involves at least 1.5 kilograms but l e ss than 5 k ilograms, t he base offense level is 34. § 2D1.1(c)(3). The district court granted a 3 -point reduc t i o n b a sed on her acceptance of responsibility, bringing the offense level down to 31. With a criminal history category of III, the guideline range was 135 to 168 months. T he Government moved for a d o wnward dep a r t u re for substantial assistance pursuant to § 5K1.1. The district court granted the motion and downwardly departed to a sentence of 72 months. This claim will afford Watson no relief. Section 1B1.3(a)( 1 ) ( B ) o f the guidelines provides that a defendant’s base offense level “shall be determined” based on relevant co n d u c t

. On appeal, Watson does not make an argument
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challenging the factual determination o f her r elevant conduct. T hus, Watson has not shown that the district court committed procedur a l error in using the relevant conduct to determine her base o ffense level. This Court has “held that

a sentence w ithin a properly calcu l a t e d G uideline range is presumptively reasonable.” U

nited States v. Alonzo , 435 F.3d 551, 554 (5th Cir. 2006). Here, t h e district court properly calculated Watson’s offense level based on her relevant conduct and then downwardly d e p a rted based on h e r substantial assistance. Watso n has shown neither that t he d istrict court a bused its discretion nor that her sentence is unreasonable. For the above reasons, the district court’s judgment is AFFIRMED.

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