### IN THE UNI TED STAT ES COURT OFAPPEALS FOR THE FIF TH CIRCU IT

No. 11-50544 c/w No. 11-50560 Summary Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee

v. GARY TRENT ICE, Defendant-Appellant

Appeals from the United States District Court for the Western District of Texas USDC No. 6:10-CR-264-3 USDC No. 6:10-CR-265-1

Before GARZA, SOUTHWICK, and HAYNES, Circuit Judges. PER CURIAM: * In this consol i d a ted appeal, Gary Trent Ice appeals his sentences for conspirac y t o p o s s e s s w i t h i n t e n t t o di s t rib u t e m ethamphetamine and possession of a firearm by an unlawful user or addict of a c o ntrolled substance. Ice was sentenced to 60 months of imprisonment and three years of supervised release for each offense to be served concurrently. He conten d s t h a t the district court U n i te d S ta te s C o u rt o f A p p ea l s

F i ft h C i rc u i t 

### F I L E D May31 , 20 12 Lyle W . Cayce Clerk

Purs uant to 5 T H C IR

. R. 47.5 , the cour t has d ete rm inedt hat this op inion sho uld not * be publ ish ed and is not pr ece dent excep t unde r the lim ite d cir cum st ance s se t for th in 5 T H C IR

. R. 47.5 .4. Case: 11-50544 Document: 00511872815 Page: 1 Date Filed: 05/31/2012No. 11-50544 c/w No. 11-50560 erred by holding him accountable for all the methamphetamine seized from the

r e s i d e n ce because his role in the conspiracy was limited to distributing small amounts of methamphetamine. We review the district court’s interpretation or application of the Guidelines de novo and its factual fi n d i ngs for clear error. United States v. Cisneros-Gutierrez , 5 17 F.3d 751, 764 (5th Cir. 2008). A finding of fact is not clearly erroneous if it is plausible in light of the entire record. Id. In the case of a “jointly undertaken criminal activity,” a defendant’s offense level is determined on the basis o f “all reasonably foreseeable acts and omissions of others in furtherance of the jointly undertaken criminal activity.” § 1B1.3(a)(1)(B). Methamphetamine was stored, packaged, and distributed in the re s i d ence Ice shared with his father. Ice’s father su p p l i e d Ice with methamphetamine, which Ice sold in small amounts on multiple occasions over a period of time and offered to sell to others. Since Ice’s participation i n t h e conspiracy was not limited to a s i ngle transaction or specific quantity of drugs, evidence that he di s t rib u t e d s m a l l a m o u n t s o f methamphetamine in comparison to his father does not compel the conclusion that the scope of his a greement was limited to di s t rib u t i n g small amounts. Therefore, the district court’s conclusion t h at a l l th e methamphetamine found in the residence was within the scope of his agreement

w as plausible in light of the record as a whole and, therefore, n o t c l e a r l y
erroneous. See United States v. Smith , 13 F.3d 860, 865 (5th Cir. 1994). Even if the sco p e o f c r i minal activity Ice agreed to undertake was more limite d , the district court was permitted to approximate the amount of methamphetam i n e a t t ributable to Ice. See United States v. Puig-Infante , 19 F.3d 929, 942 (5th Cir. 1994). Ice provides no argument or basis for determining the portion of the methamphetamine found in the re s i d e n c e that would have been given to him for distribution. Thus, he has failed to sh o w t h a t it was

2 Case: 11-50544 Document: 00511872815 Page: 2 Date Filed: 05/31/2012No. 11-50544 c/w No. 11-50560 clearly erroneous for the district court to conclude th a t all the methamphetamine foun d i n t h e r e s i d e n ce was within the scope of his agreement. The judgment of the district court is AFFIRMED.

3 Case: 11-50544 Document: 00511872815 Page: 3 Date Filed: 05/31/2012