IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 12-50643

Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

ROBERTO CARDONA GUILLEN,

Defendant-Appellant

Appeal from the United States District Court

for the Western District of Texas

USDC No. 3:11-CR-2578-2

Before KING, DAVIS, and ELROD, Circuit Judges.

PER CURIAM:

*

Roberto Cardona Guillen pleaded guilty to importing a controlled

substance, conspiracy to import a controlled substance, possession with the

intent to distribute a controlled substance, and conspiracy to possess with the

intent to distribute a controlled substance. Based on information obtained

during the debriefing of Cardona Guillen’s wife, a coconspirator, the

United States Court of Appeals

Fifth Circuit

F I L E D

July 23, 2013

Lyle W. Cayce

Clerk

* 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.

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No. 12-50643

presentence report (PSR) recommended holding Cardona Guillen responsible

for 24.75 kilograms of cocaine for sentencing purposes.

Cardona Guillen argues on appeal that the district court erred in

concluding that the PSR’s drug quantity determination was supported by a

preponderance of the evidence. We review the district court’s determination

of drug quantity for clear error and will affirm the finding as long as it is

“plausible in light of the record as a whole.” United States v. Betancourt, 422

F.3d 240, 246 (5th Cir. 2005) (internal quotation marks and citations omitted).

A district court may determine drug amounts for sentencing purposes provided

the finding is based on reliable evidence, such as the PSR. See id.; United

States v. Alford, 142 F.3d 825, 832 (5th Cir. 1998). The defendant bears the

burden of presenting rebuttal evidence to demonstrate that the information in

the PSR is “materially untrue, inaccurate or unreliable.” United States v.

Harris, 702 F.3d 226, 230 (5th Cir. 2012) (internal quotation marks and citation

omitted), cert. denied, 133 S. Ct. 1845 (2013).

Although Cardona Guillen describes his wife’s debriefing testimony as

unreliable because she changed her story, she erred regarding the date of one

of her smuggling trips, and their marriage was strained by infidelity, Cardona

Guillen has provided no rebuttal evidence to demonstrate thatthe information

in his PSR is unreliable or untrue. It is plausible in light of the record that his

wife tried to minimize their involvement until she was confronted with

information regarding another coconspirator and was thus forced to change her

story to admit other relevant conduct. Cf. United States v. Martin, 615 F.2d

318, 325-26 (5th Cir. 1980) (assessing reliability of informant and concluding

that a some weight should be accorded a statement against penal interests).

The computerized border crossings corroborate four additional smuggling trips

by Cardona Guillen and his wife, and the similar methodology employed by two

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No. 12-50643

other coconspirators at their time of arrest was further corroboration therof.

As itis plausible in light of the record that Cardona Guillen was responsible for

other loads in his prior crossings and that he conspired with his wife and others

to import cocaine in that manner, Cardona Guillen has not demonstrated that

the district court clearly erred when determining the drug quantity for which

he was held responsible. The judgment of the district court is AFFIRMED.

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