UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

v. No. 98-4504

PEDRO ANTONIO REVELO,

Defendant-Appellant.

Appeal from the United States District Court

for the Eastern District of Virginia, at Norfolk.

Raymond A. Jackson, District Judge.

(CR-98-25)

Submitted: January 5, 1999

Decided: January 22, 1999

Before WIDENER, ERVIN, and WILKINS, Circuit Judges.

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Affirmed by unpublished per curiam opinion.

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COUNSEL

Keith Loren Kimball, Virginia Beach, Virginia, for Appellant. Helen

F. Fahey, United States Attorney, Kevin M. Comstock, Assistant

United States Attorney, Norfolk, Virginia, for Appellee.

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Unpublished opinions are not binding precedent in this circuit. See

Local Rule 36(c).

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OPINION

PER CURIAM:

Pedro Antonio Revelo pled guilty to conspiracy to distribute and

possess with intent to distribute heroin in violation of 21 U.S.C. § 846

(1994), and related offenses. The district court sentenced Revelo to

144 months imprisonment to be followed by four years of supervised

release. Revelo appeals his sentence, asserting that the district court

erred in enhancing his base offense level by four levels under U.S.

SENTENCING GUIDELINES MANUAL § 3B1.1(a) (1997), for his role in the

offense. Finding no clear error, we affirm.

I.

During the course of the conspiracy, police officers responded to

a call reporting gunshots. When officers arrived, they noticed a car

parked in the street with two male occupants, one of whom was Luis

Lopez. Revelo then approached the car and identified himself as its

owner. After a consent search, officers discovered in one of the passenger's socks approximately seventy-four grams of heroin and in

Lopez' jacket a semi-automatic handgun and $5300 in currency.

Lopez had made many trips to New York to obtain heroin or deliver

currency for Revelo.

After his arrest, Revelo agreed to cooperate with authorities to

identify his New York heroin source, but he failed to provide significant information. While released on bond, Revelo again purchased

heroin. Pierre Dawson was questioned during a drug interdiction at a

bus station, and officers found in his bag approximately 150 grams of

heroin that Dawson said he was to deliver to a man named "Pete."

Agents of the Drug Enforcement Administration ("DEA") determined

that "Pete" was Revelo.

Revelo pled guilty to conspiracy to distribute heroin, aiding and

abetting the possession with intent to distribute heroin, and attempting

to possess with intent to distribute heroin. At sentencing, the district

court established a base offense level of thirty-two, overruled

Revelo's objection and applied a four-level enhancement under USSG

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§ 3B1.1(a) for Revelo's role in the offense, and awarded a three-level

reduction for acceptance of responsibility, for a total offense level of

thirty-three. With a criminal history category of I, the applicable

guideline range was 135-168 months. The court sentenced Revelo to

144 months imprisonment to be followed by four years of supervised

release. This appeal followed.

II.

Revelo contends that the district court erred in enhancing his base

offense level by four levels under USSG § 3B1.1(a). Revelo concedes

that the criminal activity involved five or more participants, see

USSG § 3B1.1(a), but asserts that he was not an organizer or leader

of one or more of the participants. See USSG§ 3B1.1, comment. (n.2)

("To qualify for an adjustment under this section, the defendant must

have been the organizer, leader, manager, or supervisor of one or

more other participants."). We review a district court's factual determination of a defendant's role in an offense for clear error. See United

States v. Perkins, 108 F.3d 512, 518 (4th Cir. 1997).

Specifically, Revelo contends that he did not control the couriers

and that recruitment alone, without additional evidence of his relationship with the couriers, did not support a finding that he was an

organizer, manager, or supervisor. Testimony from a DEA agent

established, however, that Revelo was an organizer or leader of one

or more of the participants. Revelo recruited Luis Lopez and Pierre

Dawson, and at least three others, as couriers to transport and distribute heroin and return the proceeds from the distribution to him.

Revelo also provided Lopez with a firearm to protect the drug distribution activities. See USSG § 3B1.1, comment. (n.4) (outlining factors courts should consider in applying enhancement). On these facts,

we find that the district court did not clearly err in applying a fourlevel enhancement for Revelo's role in the offense under USSG

§ 3B1.1(a). See Perkins, 108 F.3d at 518.

III.

Accordingly, we affirm Revelo's sentence. We dispense with oral

argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid

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the decisional process.

AFFIRMED

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