IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 13-11248

UNITED STATES OF AMERICA, 

 Plaintiff - Appellee

v.

ISREAL ELIAS JIMENEZ, 

 Defendant - Appellant

Appeal from the United States District Court

for the Northern District of Texas

USDC No. 4:13-CR-80-1

Before STEWART, Chief Judge, and JONES and HIGGINSON, Circuit 

Judges.

PER CURIAM:*

Isreal Elias Jimenez appeals his sentence, arguing that the district court 

over-estimated the amount of drugs he possessed. Because there was evidence 

that “ounces” in the Dallas-Fort Worth illegal drug trade may be smaller than

the sentencing guidelines’ ounces, Jimenez argues that the district court 

* 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

December 15, 2014

Lyle W. Cayce

Clerk

 

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No. 13-11248

should have used the smaller ounces in its drug quantity conversion. We 

disagree and AFFIRM the district court’s sentence.

Jimenez pled guilty to conspiracy to possess a controlled substance with 

intent to distribute. 21 U.S.C. §§ 846, 841(a)(1), (b)(1)(B) (2010). In the 

presentence report, the probation officer considered six sets of drug 

transactions. Most of the transactions involved the buying and selling of 

“ounces” of heroin. The probation officer then used the sentencing guidelines’ 

Measurement Conversion Table to convert ounces to grams for sentencing. 

According to this conversion, Jimenez possessed 3.23 kilograms of heroin. See 

U.S.S.G. § 2D1.1 (2012). Based on that quantity, Jimenez’s base offense level 

was 34. See U.S.S.G. § 2D1.1(c)(3) (2012). 

Jimenez objected to using the Conversion Table to determine the amount 

of heroin he possessed. In the Dallas-Fort Worth area, he argued, an “ounce” 

of heroin weighs 25 grams, as opposed to the Conversion Table’s 28.3495

grams. Using the 25-gram “street” or “Mexican” weight to calculate the drug 

quantity would reduce his total drug quantity to 2.88 kilograms. It would also

reduce his base offense level from 34 to 32. The Government noted that, “in 

general, an ounce of heroin is typically understood to be 25 grams, as opposed 

to the standard conversion of 28.3495 grams.” The probation officer responded 

that it was proper to use the Conversion Table. 

At the sentencing hearing, ATF Task Force Officer Jake White testified 

that it is common for Dallas-Fort Worth area drug “dealers to use the term 1 

ounce of heroin, but the translation is 25 grams, instead of 28 grams.” Jimenez

did not present any other evidence. The district court ruled that the probation 

officer correctly used the Conversion Table to determine the drug quantity. 

ROA.63. Jimenez was sentenced to 240-months imprisonment and four years

of supervised release. Jimenez timely appealed.

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This court reviews a district court’s drug-quantity finding for clear error. 

United States v. Johnston, 127 F.3d 380, 403 (5th Cir. 1997). Such findings are 

made on the basis of a preponderance of the evidence. Id. The district court’s 

drug quantity findings are not clearly erroneous if they are plausible in the 

light of the entire record. Id. 

Jimenez has failed to show that the district court’s use of the Conversion 

Table was erroneous. “The defendant bears the burden of demonstrating that 

information the district court relied on in sentencing is materially untrue.” 

United States v. Davis, 76 F.3d 82, 84 (5th Cir. 1996) (internal quotation marks 

and citation omitted). Although Jimenez introduced testimony showing that 

an “ounce” in the Dallas-Fort Worth area is 25 grams, he failed to introduce 

any evidence that the particular transactions in which he participated involved 

25-gram ounces. Nor is there any other evidence in the record to support 

Jimenez’s claim. The government seized two bags of heroin, each containing 

approximately 25.69 grams. Given that Jimenez is responsible for between 

2.88 and 3.23 kilograms, this evidence is relatively small and inconclusive.

Absent any other evidence showing that Jimenez’s transactions involved 25-

gram ounces, Jimenez has failed to show that the district court’s use of the 

Conversion Table was reversible error. 

Accordingly, we AFFIRM the district court’s sentence. 

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