### 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 J udges

. PER CURIAM: *
Isreal Elias Jimene z appeals his sentence, arguing that the district court

over
- estimated the amount of drugs he possessed . B ecause 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 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4. United States Court of Appeals Fifth Circuit 

### FILED December 15, 2014 Lyle W. Cayce Clerk Case: 13-11248 Document: 00512868873 Page: 1 Date Filed: 12/15/2014No. 13

- 11248 should have used the smalle r ounces in its drug quantity conversion

. We disagree and AFFIRM the district court’ s sentence

. Jimenez ple d guilty to conspiracy to poss ess a controlled substance with intent to distribute

. 21 U.S.C. §§ 846, 841(a)(1), (b)(1)(B ) (2010)

. In the presente nce report, t he probation officer considered six sets of drug
transactions

. Most of the transactions involved the buying an d selling of “ounces” of heroin

. The probation office r then used the sentencing guidelines’
Measurement Conversion T able to convert ounces to grams for sentencing. According to this conversion, Jimenez possessed 3.23 kilograms of heroin. S ee U.S.S.G. § 2D1.1 (2012). Based on that quantity, Jimenez’s base offense l evel
was 34. See U.S.S.G. § 2D1.1(c)(3) (2012)

. Jimenez ob jected to using the Conversion Table to determine the amount of heroin he possessed . In the D allas

- 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 “Mexica n” weight to calculate the drug quantity would r educe his total drug quantity to 2 .88 kilograms. It would also reduce his bas e 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 conversio n of 28.3495 grams.” The probation officer responded
that it wa s proper to use the Conversion Table. At the sentencing hearing, ATF Task Force Officer Jake White te stified 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, ins tead of 28 grams.” Jimenez did not pre sent any other evidence. The district court ruled that the probation officer correctly use d 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 appeal ed

.

2 Case: 13-11248 Document: 00512868873 Page: 2 Date Filed: 12/15/2014No. 13

- 11248 This court reviews a district court’s drug

- quantity f inding 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 Da llas

- Fort Worth area is 25 grams, he failed to introduce any evidence that the particular transactions in which he participated involved
25

- gram o unces. 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 transacti ons involved 25

- gram ounces, Jimenez has failed to show that the district court’s use of the Conversion Table was reversible error

. According ly, we AFFIRM the district court’s sentence

.

3 Case: 13-11248 Document: 00512868873 Page: 3 Date Filed: 12/15/2014