### IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 17

- 51046 Summary Calendar

UNITED STATES OF AMERICA , Plaintiff

- Appellee

v. VENSHARD DOUGLAS , Defendant

- Appellant

Appeal from the United States District Court for the Western District of Texas USDC No. 7:17

- CR

- 139

- 2

Before BARKSDALE, DENNIS, and SOUTHWICK, Circuit Judges. PER CURIAM: * Pursuant to his guilty plea, Venshard Douglas was convicted of aiding and abetting attempting to posses s , with intent to distribute , 500

- grams or more of cocaine ( c ount o ne) and aiding and abetting possession of a f irearm in furtherance of a drug

- trafficking crime ( c ount t wo). After granting Douglas’ request for a downward variance, the district court sentenced him , inter alia ,

* Pursuant to 5 th 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. 47.5 , the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 th Cir. R

. 47.5.4. United States Court of Appeals Fifth Circuit 

### FILED September 21, 2018 Lyle W. Cayce Clerk Case: 17-51046 Document: 00514651542 Page: 1 Date Filed: 09/21/2018No. 17

- 51046

2 to consecutive terms of 84

- months ’ i mprisonment on c ount o ne and 60 on c ount t wo
. Douglas challenges the procedural reasonablene ss of his sentence, contending the court : erred in finding him responsible for at least two kilograms of cocaine for p urposes of calculating his base

- offense level under Sentencing Guideline § 2D1.1(a)(5) ; and failed to provide adequate reasons for its sentencing decision

. B ecause Do uglas did not preserve these issues in district court, review is only for plain error. E.g. , United States v. Broussard , 669 F.3d 537, 546 (5th Cir. 2012). Under that standard, Douglas must show a forfeited plain (clear or obviou s) error that affected his substantial rights. Puckett v. United States , 556 U.S. 129, 135 (2009). If he does so, we have the discretion to correct the reversible plain error, but should do so only if it “seriously affect[s] the fairness, integrity or public reputation of judicial
p roceedings”. Id. T o the extent Douglas contends the court found he was responsible for less than two kilograms of cocaine for purposes of calculating his b ase - offense level under Guideline § 2D1.1(a)(5), his contention is belied by the record. The
presen tence investigation report ( PSR ) recommended Douglas was responsible for at least two kilograms of cocaine and assigned him a base

- off ense level of 26 under § 2D1.1(a)(5)

. At sentencing , as well as in its statement of reasons, th e district court provided it had a dopted the PSR without change. To the extent Douglas asserts the court erred in finding him responsible for at least two kilograms of cocaine for p urposes of calculating his base

- offense level under § 2D1.1(a)(5), his assertion is unpersuasive

. A bsent evidence the information in the PSR was “ ‘ materially unt rue, inaccurate or unreliable ’ ” , the court did not commit the requisite clear or obvious error in finding Douglas responsible for at least two kilograms of cocaine. United States v. Harris , 702 Case: 17-51046 Document: 00514651542 Page: 2 Date Filed: 09/21/2018No. 17

- 51046

3 F.3d 226, 230 (5th Cir. 2012) (quoting United States v. Huerta , 182 F .3d 361, 364

– 65 (5th Cir.1999)); see Puckett , 556 U.S. at 135 ; United States v. Rojas , 812 F.3d 382, 413 (5th Cir. 2016)

. As for the other claimed error, the court di d not plainly err regarding the adequacy of its sentencing explanation. See Puckett , 556 U.S. at 135 ; United States v. Mondragon

- Santiago , 564 F.3d 357, 361, 364

– 65 (5th Cir. 2009)

. It considered Douglas’ contentions for a downward variance and offered specific reasons fo r its sentencing decision

. Even if the court “might have said mo re”, it “ conside red the evidence and argument ” , and its statement of reasons for the sentence imposed was “legal ly sufficient ”

. Rita v. United States , 551 U.S. 338, 358

– 59 (2007). AFFIRMED. Case: 17-51046 Document: 00514651542 Page: 3 Date Filed: 09/21/2018