* Pursuant to 5TH CIR. R. 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this opinion should not be published and is not precedent except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 CIR. R. 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

May 30, 2007

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 06-40811

Summary Calendar

UNITED STATES OF AMERICA, 

Plaintiff-Appellee,

versus 

JOSHUA PARKER, 

Defendant-Appellant.

--------------------

Appeal from the United States District Court

for the Eastern District of Texas

USDC No. 4:05-CR-104-6

--------------------

Before DeMOSS, STEWART, and PRADO, Circuit Judges.

PER CURIAM:*

Joshua Parker appeals the 151-month sentence imposed by the

district court following his guilty-plea conviction for

conspiracy to distribute methamphetamine. 

Parker argues that the district court’s determination of the

amount of methamphetamine attributable to him was clearly

erroneous because it was not based on information having a

sufficient indicia of reliability. 

The district court’s calculation of the quantity of drugs

involved in an offense is a factual determination that is
No. 06-40811

-2-

entitled to considerable deference and will be reversed only if

clearly erroneous. United States v. Betancourt, 422 F.3d 240,

246 (5th Cir. 2005). A factual finding is not clearly erroneous

if it is plausible in light of the record as a whole. Id. In

making the finding of the quantity of drugs attributable to a

defendant, the district court may consider any information that

has sufficient indicia of reliability to support its probable

accuracy. Id. at 247; U.S.S.G. § 6A1.3(a). Furthermore, as a

general rule, information in the presentence report is “presumed

reliable and may be adopted by the district court without further

inquiry if the defendant fails to demonstrate by competent

rebuttal evidence that the information is materially untrue,

inaccurate or unreliable.” United States v. Carbajal, 290 F.3d

277, 287 (5th Cir. 2002). 

The district court did not clearly err in finding that 

Parker was individually accountable for at least 500 grams of

methamphetamine. After applying a conservative estimate to

Parker’s post-arrest admissions, the district court found that

Parker had acknowledged responsibility for 483 grams. The

district court was not clearly erroneous in concluding that the

other reports about Parker provided by the PSR and Officer Frank

Saldivar’s testimony justified attributing at least 17 more grams

to him. Betancourt, 422 F.3d at 246. Parker did not adduce any

evidence to show that the district court clearly erred in

determining drug quantity for sentencing purposes or to undermine
No. 06-40811

-3-

the material truth of the information in the PSR. United States

v. Posada-Rios, 158 F.3d 832, 878 (5th Cir. 1998); United States

v. De Jesus-Batres, 410 F.3d 154, 164 (5th Cir. 2005). 

Parker also argues that the district court erred in failing

to apply the standard of proof beyond a reasonable doubt to the

sentencing evidence. As Parker was sentenced under an advisory

guidelines scheme following the issuance of United States v.

Booker, 543 U.S. 220 (2005), he has not shown plain error. See

United States v. Mares, 402 F.3d 511, 519 (5th Cir.), cert.

denied, 126 S. Ct. 432 (2005) United States v. Johnson, 445 F.3d

793, 798 (5th Cir.), cert. denied, 126 S. Ct. 2884 (2006); United

States v. Scheer, 168 F. App'x 628, 629 (5th Cir. 2006).

AFFIRMED.