### IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 15

- 40495 Summary Calendar

UNITED STATES OF AMERICA , Plaintiff

- Appellee

v. ALBERTO CEJA

- VARGAS, also known as Alan Renteria

- Vargas, also known as Jose Hernandez

- Cardenas , Defendant

- Appellant

Appeal from the United States District Court for the Eastern District of Texas USDC No. 4:13

- CR

- 175

Before JOLLY, BENAVIDES, and HIGGINSON, Circuit Judges. PER CURIAM: * Alberto Ceja

- Vargas pleaded guilty to conspiracy to possess with the intent to distribute and distribute 500 grams or mor e of a mixture containing methamphetamine and/or 50 grams or more of methamphetamine (actual) and 100 kilograms or more of marijuana or 100 or more marijuana plants . The district court imposed the advisory guidelines sentence of life imprisonment

.

* Pursuant to 5 TH C IR

. R. 47.5 , the court has determined that this opinion should not be published and is not precedent except under the limited circumstances se t forth in 5 TH C IR

. R. 47.5.4. United States Court of Appeals Fifth Circuit 

### FILED January 15, 2016

Lyle W. Cayce Clerk Case: 15-40495 Document: 00513344425 Page: 1 Date Filed: 01/15/2016No. 15

- 40495

2 Ceja

- Vargas first challenges the district court’s finding on the amount of drugs for which he was held responsible for sentencing purposes. T he presentence report (PSR) and sentencing testimony showed that Ceja

- Vargas led the Dallas , Texas cell of a drug trafficking organization in 2010 and 2011 ; that the organization transported kilogram quantities of liquid methamphetamine from Mexico to Dallas approximately two times per week; that the drugs were then converted at the organization’s Dallas

- area stash ho use to methamphetamine ice or crystal methamphetamine for further distribution; that Ceja

- Vargas left the United States and returned to Mexico in February or March 2012; and that 5.94 kilograms of methamphetamine (actual) were seized from the stash house i n September 2012. In addition , Ceja

- Vargas presented no evidence that he affirmatively withdrew from the conspiracy or renounced it. See United States v. Torres , 114 F.3d 520, 525 (5th Cir. 1997). Considering the record as a whole , it is plausible that the methamphetamine found at the stash house was reasonably foreseeable to Ceja

- Vargas as a participant in a jointly undertaken criminal activity; thus, the district court did not clearly err in determining that he was responsible for the 5.94 kilograms of methamphetamine (actual)

. See United States v. Carreon , 11 F. 3d 1225, 1230 (5th Cir. 1994)

. Next, Ceja

- Vargas argues that the district court clearly erred in applying a two

- level enhancement under U.S.S.G. § 2D1.1(b)(1) based on a finding that a firearm was possessed. This argument ignores the record evidence that placed Ceja

- Vargas at the stash house prior to his rel ocating to Mexico in early 2012; that Ceja

- Vargas’s co

- conspirators knowingly possessed firearms at the stash house in orde r to further the conspiracy; and that the co

- conspirators ’ possession was reasonably foreseeable to Ceja

- Vargas. Such evidence is sufficient to support the district court’s imposition of the enhancement under Case: 15-40495 Document: 00513344425 Page: 2 Date Filed: 01/15/2016No. 15

- 40495

3 § 2D1.1(b)(1)

. See United States v. Cisneros

- Gutierrez , 517 F.3d 751 , 76 5

- 6 6 (5th Cir. 2008 ). Ceja

- Vargas also challenges the district court’s four

- level role enhancement under U.S.S.G. § 3B1.1(a) , arguing that the re was insufficient evidence to establish that he had a substantial leadership role in the conspiracy . This argument is unavailing, however, as the PSR and sentencing testimony reflected that Ceja

- Vargas held a high role in the cartel; that he was the boss of the Dallas cell for a two

- year period; that he recruited others into the conspiracy’s activities ; and that he oversaw and organized deliveries of contraband to and from Mexico. T he evidence thus was sufficient to support the district court’s finding that Ceja

- Vargas was a leader or organizer of the

c onspiracy

. See United States v. Villanueva , 408 F.3d 193, 204 (5th Cir. 2005) ;
see also United States v. Cabrera , 288 F.3d 163, 175 n.13 (5th Cir. 2002) (noting that more than one person can be a leader ). Ceja

- Vargas next contends that his guidelines se ntence is substantive ly unreasonable because his co

- conspirators w ere not sentenced to life in prison and because the facts set forth in the PSR warranted a lesser sentence. Because he did not raise a substantive reasonableness argument in the district court, his contentions are reviewed for plain error only

. See United States v. Peltier , 505 F.3d 389, 392 (5th Cir. 2007). Ceja

- Vargas has not made the requisite showing. Rather , his a rguments amount to no more than a disagreement with the propriety of the sentence imposed, which does not suffice to show substantive unreasonableness. See United States v. Ruiz , 621 F.3d 390, 398 (5th Cir. 2010). Finally, Ceja

- Vargas argues for the fir st time on appeal that the life sentence imposed by the district court constitutes cruel and unusual punishment in violation of the Eighth Amendment

. However, t he threshold Case: 15-40495 Document: 00513344425 Page: 3 Date Filed: 01/15/2016No. 15

- 40495

4 co mparison between the gravity of his offense and the severity of his sentence doe s not reflect that the life sentence is grossly disproportionate

. See United States v. Thomas , 627 F.3d 146, 160 (5th Cir. 2010). Accordingly, Ceja

- Vargas has not shown plain error in regard to this constitutional claim. See United States v. Ebron , 683 F.3d 105, 155 (5th Cir. 2012). AFFIRMED. Case: 15-40495 Document: 00513344425 Page: 4 Date Filed: 01/15/2016