UNITED STATES OF Am. v. JAMES SLAUGHTER, also known as James Bernard Salone, 238 F.3d 580. · Go Syfert
UNITED STATES OF Am. v. JAMES SLAUGHTER, also known as James Bernard Salone, 238 F.3d 580. Cases Citing This Book View Copy Cite
“fact used in sentencing that does not increase the penalty beyond the statutory maximum for the crime charged and proven need not be alleged in the indictment and proved to a jury beyond a reasonable doubt.”
554 citation events (539 in the last 25 years) across 17 distinct courts.
Strongest positive: United States v. Hernandez (ca5, 2001-05-25)
Treatment trajectory · 2001 → 2026 · click a year to view as-of
2001 2013 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) United States v. Hernandez (5×) also: Cited as authority (rule)
5th Cir. · 2001 · quote attribution · 1 verbatim quote · confidence high
fact used in sentencing that does not increase the penalty beyond the statutory maximum for the crime charged and proven need not be alleged in the indictment and proved to a jury beyond a reasonable doubt.
discussed Cited as authority (quoted) United States v. Kelly
3rd Cir. · 2001 · quote attribution · 1 verbatim quote · confidence low
we see nothing in the supreme court decision in apprendi which would permit us to conclude that 21 u.s.c. ss 841(a) and (b), 846, and 860(a) are unconstitutional on their face
discussed Cited as authority (rule) United States v. Cervantes
5th Cir. · 2024 · confidence medium
The court further stated that “[w]here the evidence clearly establishes that the defendant conspired with non-gov- ernmental participants, the mere fact a government agent was also involved in the scheme does not necessitate a Sears instruction.” Id. (citing United States v. Slaughter, 238 F.3d 580, 585 (5th Cir. 2000)).3 The Sears instruction requested by Cervantes was substantively cor- rect and not substantially covered in the charge given to the jury.
discussed Cited as authority (rule) United States v. Salvador Colima-Suarez (2×) also: Cited "see, e.g."
5th Cir. · 2018 · confidence medium
See Alaniz, 726 F.3d at 611 ; Hale, 685 F.3d at 541 ; see also Delgado, 672 F.3d at 342-43 ; Slaughter, 238 F.3d at 585.
cited Cited as authority (rule) United States v. Adan Gutierrez-Mendez
5th Cir. · 2014 · confidence medium
See United States v. Londono, 285 F.3d 348, 355 (5th Cir.2002); United States v. Slaughter, 238 F.3d 580, 585 (5th Cir.2000).
cited Cited as authority (rule) United States v. Fernando Ochoa
5th Cir. · 2013 · confidence medium
See United States v. Londono, 285 F.3d 348, 355 (5th Cir.2002); United *331 States v. Slaughter, 238 F.3d 580, 585 (5th Cir.2000).
discussed Cited as authority (rule) United States v. Gutierrez
10th Cir. · 2012 · confidence medium
See e.g., United States v. Cernobyl, 255 F.3d 1215, 1219 (10th Cir.2001) (“We now join [the Fourth, Fifth and Eleventh Circuits] in holding that § 841 remains constitutionally enforceable notwithstanding Apprendi.”)-, 3 see also United States v. Collazo-Aponte, 281 F.3d 320, 325 (1st Cir.2002); United States v. Candelario, 240 F.3d 1300 , 1311 n. 16 (11th Cir.2001); United States v. Slaughter, 238 F.3d 580, 582 (5th Cir.2000); United States v. McAllister, 272 F.3d 228 (4th Cir.2001); United States v. Kelly, 272 F.3d 622 (3d Cir.2001); United States v. Martinez, 253 F.3d 251 , 256 n. 6 (6t…
discussed Cited as authority (rule) United States v. Delgado (2×) also: Cited "see"
5th Cir. · 2012 · confidence medium
In Slaughter, we held that the trial court had not erred by failing to give an unrequested Sears instruction because the government had “presented evidence at trial to establish a conspiracy existed which included [the defendant] and five others who were not government agents or informants.” 238 F.3d at 585.
discussed Cited as authority (rule) United States v. Delgado (2×) also: Cited "see"
5th Cir. · 2012 · confidence medium
In Slaughter, we held that the trial court had not erred by failing to give an unrequested Sears instruction because the government had “presented evidence at trial to establish a conspiracy existed which included [the defendant] and five others who were not government agents or informants.” 238 F.3d at 585.
discussed Cited as authority (rule) United States v. Florentino Tovar-Rivas
5th Cir. · 2011 · confidence medium
The FPD concedes that this argument is foreclosed by this court’s precedent in United States v. Slaughter, 238 F.3d 580, 582-84 (5th Cir.2000), and he raises the issue solely to preserve it for possible further review.
discussed Cited as authority (rule) United States v. Delgado
5th Cir. · 2011 · confidence medium
The court found Sears "distinguishable because the Government indicted and presented evidence at trial to establish a conspiracy existed which included Slaughter and five others who were not government agents or informants." Id. at 585.
cited Cited as authority (rule) United States v. Nava
5th Cir. · 2010 · confidence medium
United States v. Slaughter, 238 F.3d 580, 585 (5th Cir.2000) (per curiam). 15 . 476 F.3d 369, 389 (5th Cir.2007). 16 .
discussed Cited as authority (rule) United States v. Moody
5th Cir. · 2009 · confidence medium
Woodard also objects that Taylor’s testimony involved hearsay. "[T]he district court may consider any relevant evidence, including uncorroborated hearsay statements, if the information has a 'sufficient indicia of reliability to support its probable accuracy.’ ” United States v. Slaughter, 238 F.3d 580, 585 (5th Cir.2000) (citation omitted). 7 .
cited Cited as authority (rule) United States v. Saenz
5th Cir. · 2008 · confidence medium
This argument is foreclosed by United States v. Slaughter, 238 F.3d 580, 581-82 (5th Cir.2000), where this Court considered and rejected Saenz’s argument.
discussed Cited as authority (rule) United States v. Hernandez-Hernandez
5th Cir. · 2008 · confidence medium
PER CURIAM: * Appealing the Judgment in a Criminal Case, Daniel Hernandez-Hernandez raises arguments that are foreclosed by United States v. Slaughter, 238 F.3d 580, 582-84 (5th Cir.2000), which held that Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000), did not render 21 U.S.C. § 960 (b) unconstitutional on its face.
discussed Cited as authority (rule) United States v. Ramirez-Nolasco
5th Cir. · 2008 · confidence medium
*315 PER CURIAM: * Appealing the Judgment in a Criminal Case, Benito Ramirez-Nolasco raises arguments that are foreclosed by United States v. Slaughter, 238 F.3d 580, 582-84 (5th Cir.2000), which held that Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000), did not render 18 U.S.C. § 841 and 21 U.S.C. § 960 (b) facially unconstitutional.
discussed Cited as authority (rule) United States v. Gomez
5th Cir. · 2007 · confidence medium
PER CURIAM: * Appealing the Judgment in a Criminal Case, Luis Manuel Gomez raises arguments that are foreclosed by United States v. Slaughter, 238 F.3d 580, 582-84 (5th Cir.2000), which held that Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000), did not render 21 U.S.C. § 841 unconstitutional on its face.
discussed Cited as authority (rule) United States v. Puckett
5th Cir. · 2007 · confidence medium
Third, the sentencing judge is entitled to consider any relevant evidence, including uncorroborated hearsay, if the information has “sufficient indicia of reliability to support its probable accuracy.” United States v. Slaughter, 238 F.3d 580, 585 (5th Cir.2001) (internal quotations omitted).
discussed Cited as authority (rule) United States v. Morales
5th Cir. · 2007 · confidence medium
PER CURIAM: * Appealing the Judgment in a Criminal Case, Danny Morales raises arguments that are foreclosed by United States v. Slaughter, 238 F.3d 580, 582-84 (5th Cir.2000), which held that Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000), did not render 21 U.S.C. § 841 unconstitutional.
discussed Cited as authority (rule) United States v. Solis-Arzaga
5th Cir. · 2007 · confidence medium
PER CURIAM: * Appealing the Judgment in a Criminal Case, Adrian Alejandro Solis-Arzaga raises arguments that are foreclosed by United States v. Slaughter, 238 F.3d 580, 582-84 (5th Cir.2000), which held that Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000), did not render 21 U.S.C. § 841 unconstitutional.
discussed Cited as authority (rule) United States v. Guzman-Majano
5th Cir. · 2007 · confidence medium
PER CURIAM: * Appealing the Judgment in a Criminal Case, Suyapa Guzman-Majano raises arguments that are foreclosed by United States v. Slaughter, 238 F.3d 580, 582-84 (5th Cir.2000), which held that Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000), did not render 21 U.S.C. § 841 (b) unconstitutional on its face.
discussed Cited as authority (rule) United States v. Maldonado-Martinez
5th Cir. · 2007 · confidence medium
PER CURIAM: * Appealing the Judgment in a Criminal Case, Miguel Angel Maldonado-Martinez raises arguments that are foreclosed by United States v. Slaughter, 238 F.3d 580, 582-84 (5th Cir.2000), which held that Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000), did not render 21 U.S.C. § 960 (b) unconstitutional on its face.
discussed Cited as authority (rule) United States v. Jackel
5th Cir. · 2007 · confidence medium
PER CURIAM: * Appealing the Judgment in a Criminal Case, Kandy Allen Jackel raises arguments that are foreclosed by United States v. Slaughter, 238 F.3d 580, 582-84 (5th Cir.2000), which held that Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000), did not render 21 U.S.C. § 841 unconstitutional on its face.
discussed Cited as authority (rule) United States v. Hernandez
5th Cir. · 2007 · confidence medium
PER CURIAM: * Appealing the Judgment in a Criminal Case, Agapito Hernandez raises arguments that are foreclosed by United States v. Slaughter, 238 F.3d 580, 582-84 (5th Cir.2000), which held that Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000), did not render 21 U.S.C. § 841 unconstitutional on its face.
cited Cited as authority (rule) United States v. Castillo-Martinez
5th Cir. · 2007 · confidence medium
As he concedes, this argument is foreclosed by United States v. Slaughter, 238 F.3d 580, 581-82 (5th Cir.2000).
discussed Cited as authority (rule) United States v. Garcia-Reyes
5th Cir. · 2007 · confidence medium
Garcia-Reyes concedes that his argument is foreclosed by United States v. Slaughter, 238 F.3d 580, 582-84 (5th Cir.2000), but he states that he is raising the issue in order to preserve it for Supreme Court review.
discussed Cited as authority (rule) United States v. Guajardo
5th Cir. · 2007 · confidence medium
Slaughter, 238 F.3d at 582 ("We see nothing in the Supreme Court decision in Appren-di which would permit us to conclude that 21 U.S.C. §§ 841 (a) and (b), 846, and 860(a) are unconstitutional on their face.”).
discussed Cited as authority (rule) United States v. Lara-Barajas
5th Cir. · 2007 · confidence medium
PER CURIAM: * Appealing the Judgment in a Criminal Case, Adela Lara-Barajas raises arguments that are foreclosed by United States v. Slaughter, 238 F.3d 580, 582-84 (5th Cir.2000), which held that Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000), did not render 21 U.S.C. § 841 unconstitutional on its face.
cited Cited as authority (rule) United States v. Lopez-Ramirez
5th Cir. · 2006 · confidence medium
She correctly concedes that this issue is foreclosed by United States v. Slaughter, 238 F.3d 580, 582 (5th Cir.2000).
cited Cited as authority (rule) United States v. Vela
5th Cir. · 2006 · confidence medium
He acknowledges that this argument is foreclosed by United States v. Slaughter, 238 F.3d 580, 582 (5th Cir.2000), but raises it to preserve it for further review.
discussed Cited as authority (rule) United States v. Mireles
5th Cir. · 2006 · confidence medium
As Míreles concedes, this argument is foreclosed by our holding in United States v. Slaughter, 238 F.3d 580, 582 (5th Cir.2000), ce rt. denied, 532 U.S. 1045 , 121 S.Ct. 2015 , 149 L.Ed.2d 1015 (2001).
discussed Cited as authority (rule) United States v. Arriaga
5th Cir. · 2006 · confidence medium
PER CURIAM: * Appealing the Judgment in a Criminal Case, Roque Arriaga raises arguments that are foreclosed by United States v. Slaughter, 238 F.3d 580, 582-84 (5th Cir.2000), which held that Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000), did not render 21 U.S.C. § 841 unconstitutional on its face.
discussed Cited as authority (rule) United States v. Andaya
5th Cir. · 2006 · confidence medium
PER CURIAM: * Appealing the Judgment in a Criminal Case, Leonel Andaya raises arguments that are foreclosed by United States v. Slaughter, 238 F.3d 580, 582-84 (5th Cir.2000), which held that Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000), did not render 21 U.S.C. § 841 unconstitutional on its face.
discussed Cited as authority (rule) United States v. Aguero
5th Cir. · 2006 · confidence medium
PER CURIAM: * Appealing the Judgment in a Criminal Case, Jesus Jose Agüero raises arguments that are foreclosed by United, States v. Slaughter, 238 F.3d 580, 582-84 (5th Cir.2000), which held that Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000), did not render 21 U.S.C. § 841 unconstitutional on its face.
discussed Cited as authority (rule) United States v. Tudon
5th Cir. · 2006 · confidence medium
PER CURIAM: * Appealing the Judgment in a Criminal Case, Henry Aaron Tudon raises arguments that are foreclosed by United States v. Slaughter, 238 F.3d 580, 582-84 (5th Cir.2000), which held that Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000), did not render 21 U.S.C. § 841 unconstitutional on its face.
discussed Cited as authority (rule) United States v. Rojas
5th Cir. · 2006 · confidence medium
PER CURIAM: * Appealing the Judgment in a Criminal Case, Edgar Rojas raises arguments that are foreclosed by United States v. Slaughter, 238 F.3d 580, 582-84 (5th Cir.2000), which held that Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000), did not render 21 U.S.C. § 841 unconstitutional on its face.
discussed Cited as authority (rule) United States v. Rangel-Puente
5th Cir. · 2006 · confidence medium
PER CURIAM: * Appealing the Judgment in a Criminal Case, Juan Carlos Rangel-Puente raises arguments that are foreclosed by United States v. Slaughter, 238 F.3d 580, 582-84 (5th Cir.2000), which held that Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000), did not render 21 U.S.C. § 841 unconstitutional on its face.
discussed Cited as authority (rule) United States v. de la Hoz (2×) also: Cited "see"
5th Cir. · 2006 · confidence medium
In United States v. Slaughter, 238 F.3d 580 , 582 (5th Cir. 2000), this court rejected the argument that Apprendi rendered § 841 facially unconstitutional. 238 F.3d at 582.
discussed Cited as authority (rule) United States v. Samudio-De Alonso
5th Cir. · 2006 · confidence medium
She correctly concedes that these issues are foreclosed by United States v. Gamez-Gonzalez, 319 F.3d 695, 700 (5th Cir.2003), and United States v. Slaughter, 238 F.3d 580, 582 (5th Cir.2000), respectively, and she raises them only to preserve their further review by the Supreme Court.
discussed Cited as authority (rule) United States v. Kubik
5th Cir. · 2006 · confidence medium
PER CURIAM: * Appealing the Judgment in a Criminal Case, Joel P. Kubik raises arguments that are foreclosed by United States v. Slaughter, 238 F.3d 580, 582-84 (5th Cir.2000), which held that Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000), did not render 21 U.S.C. § 841 unconstitutional on its face.
discussed Cited as authority (rule) United States v. Willett
5th Cir. · 2006 · confidence medium
PER CURIAM: * Appealing the Judgment in a Criminal Case, Andrew Jay Willett raises arguments that are foreclosed by United States v. Slaughter, 238 F.3d 580, 582-84 (5th Cir.2000), which held that Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000), did not render 21 U.S.C. § 841 unconstitutional on its face.
discussed Cited as authority (rule) United States v. Provencio
5th Cir. · 2006 · confidence medium
PER CURIAM: * Appealing the Judgment in a Criminal Case, David Lorenzo Provencio raises arguments that are foreclosed by United States v. Slaughter, 238 F.3d 580, 582-84 (5th Cir.2000), which held that Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000), did not render 21 U.S.C. § 841 unconstitutional on its face.
discussed Cited as authority (rule) United States v. Luera
5th Cir. · 2006 · confidence medium
PER CURIAM: * Appealing the Judgment in a Criminal Case, Federico Luera raises arguments that are foreclosed by United States v. Slaughter, 238 F.3d 580, 582-84 (5th Cir.2000), which held that Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000), did not render 21 U.S.C. § 841 unconstitutional on its face.
discussed Cited as authority (rule) United States v. Acosta-Torres
5th Cir. · 2006 · confidence medium
PER CURIAM: * Appealing the Judgment in a Criminal Case, Juan Acosta-Torres raises arguments that are foreclosed by United States v. Slaughter, 238 F.3d 580, 582-84 (5th Cir.2000), which held that Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000), did not render 21 U.S.C. § 841 unconstitutional on its face.
discussed Cited as authority (rule) United States v. Smith
5th Cir. · 2006 · confidence medium
PER CURIAM: * Appealing the Judgment in a Criminal Case, Ronald Alexander Smith raises arguments that are foreclosed by United States v. Slaughter, 238 F.3d 580, 582-84 (5th Cir.2000), which held that Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000), did not render 21 U.S.C. § 841 unconstitutional on its face.
discussed Cited as authority (rule) United States v. Santos-Garza
5th Cir. · 2006 · confidence medium
PER CURIAM: * Appealing the Judgment in a Criminal Case, Arturo Santos-Garza raises arguments that are foreclosed by United States v. Slaughter, 238 F.3d 580, 582-84 (5th Cir.2000), which held that Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000), did not render 21 U.S.C. § 841 unconstitutional on its face.
discussed Cited as authority (rule) United States v. Gallegos
5th Cir. · 2006 · confidence medium
PER CURIAM: * Appealing the Judgment in a Criminal Case, Jose Guadalupe Gallegos raises arguments that are foreclosed by United States v. Slaughter, 238 F.3d 580, 582-84 (5th Cir.2000), which held that Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000), did not render 21 U.S.C. § 841 unconstitutional on its face.
discussed Cited as authority (rule) United States v. Romero
5th Cir. · 2006 · confidence medium
PER CURIAM: * Appealing the Judgment in a Criminal Case, Miguel Angel Romero raises arguments that are foreclosed by United States *391 v. Slaughter, 238 F.3d 580, 582-84 (5th Cir.2000), which held that Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000), did not render 21 U.S.C. § 841 unconstitutional on its face.
discussed Cited as authority (rule) United States v. Castillo
5th Cir. · 2006 · confidence medium
PER CURIAM: * Appealing the Judgment in a Criminal Case, Rene Castillo raises arguments that are foreclosed by United States v. Slaughter, 238 F.3d 580, 582-84 (5th Cir.2000), which held that Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000), did not render 21 U.S.C. § 841 unconstitutional on its face.
discussed Cited as authority (rule) United States v. Sandoval-Alvarez
5th Cir. · 2006 · confidence medium
Sandoval-Alvarez acknowledges that the constitutional challenge is foreclosed by United States v. Slaughter, 238 F.3d 580, 582 (5th Cir.2000), and that he is raising the issue to preserve it for Supreme Court review.
Retrieving the full opinion text from the archive…
UNITED STATES OF AMERICA
v.
JAMES SLAUGHTER, also known as James Bernard Salone
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT

No. 99-11142
Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

JAMES SLAUGHTER, also known as James Bernard Salone,

Defendant-Appellant.

--------------------
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 6:99-CR-10-1-C
--------------------
August 10, 2000

Before DAVIS, JONES, and DeMOSS, Circuit Judges.

PER CURIAM:*

James Slaughter appeals his jury convictions and the sentences imposed for conspiracy to distribute and possess with intent to distribute cocaine base in violation of 21 U.S.C. § 842; distribution and possession of cocaine base within 1,000 feet of a playground in violation of 21 U.S.C. §§ 841(a)(1) and 860(a) and 18 U.S.C. § 2; and two counts of distribution of cocaine base in violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(B), (b)(1)(C), and 18 U.S.C. § 2. Slaughter argues that the court reporter’s failure to transcribe the jury instructions violates

* 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.

No. 99-11142 -2- the Court Reporter Act, 28 U.S.C. § 753(b), and requires reversal of Slaughter’s convictions. The written jury instructions are included in the appellate records. Circuit Judge Carl E. Stewart granted the Government’s motion to supplement the record with affidavits of the trial attorneys and the court reporter, stating that the trial court read the jury instructions as written without any deviations. Because the written instructions are part of the record and because the above affidavits establish that the trial court read the instructions as written without any deviation, the court reporter’s failure to transcribe the jury instructions does not require the reversal of Slaughter’s convictions. See United States v. Pace, 10 F.3d 1106, 1125 (5th Cir. 1993).

Slaughter argues that the trial court erred in failing to instruct the jury on the theory of multiple conspiracies. Because Slaughter did not object to the district court’s failure to instruction the jury on this theory, review is limited to plain error. United States v. Calverley, 37 F.3d 160, 162-64 (5th Cir. 1994) (en banc). Under Fed. R. Crim. P. 52(b), this court may correct forfeited errors only when the appellant shows the following factors: (1) there is an error, (2) that is clear or obvious, and (3) that affects his substantial rights. Calverley, 37 F.3d at 162-64 (citing United States v. Olano, 507 U.S. 725, 730-36 (1993)). If these factors are established, the decision to correct the forfeited error is within the sound discretion of the court, and the court will not exercise that discretion unless the error seriously affects the fairness,

No. 99-11142 -3- integrity, or public reputation of judicial proceedings. Olano, 507 U.S. at 736. Slaughter does not argue that the evidence at trial showed that he was involved only in a separate uncharged conspiracy and not in the overall conspiracy charged in count one of the indictment; he does not dispute that the evidence presented at trial established his participation in the overall conspiracy in count one. Under such circumstances, the district court’s failure to five a jury instruction concerning multiple conspiracies was not plain error. See United States v. Castaneda-Cantu, 20 F.3d 1325, 1333 (5th Cir. 1994).

Slaughter argues that the district court erred in failing to instruct the jury that it was legally impossible for a defendant to conspire with a government agent or informant. Because Slaughter did not raise this argument in the district court, review is limited to plain error. See Calverley, 37 F.3d at 162-64. Slaughter’s reliance on Sears v. United States, 343 F.2d 139, 142 (5th Cir. 1962) is misplaced. In Sears, the court held that there could be no indictable conspiracy when the only other supposed coconspirator was a government informant. Id. at 142. This case is distinguishable because the Government indicted and presented evidence at trial to establish a conspiracy existed which included Slaughter and five others who were not government agents or informants. Slaughter does not argue that the evidence was insufficient to establish the existence of the conspiracy charged in count one of the indictment.

Slaughter argues that the district court erred in enhancing his offense level by four points for his role as a

No. 99-11142 -4- leader/organizer pursuant to § 3B1.1(a) of the United States Sentencing Guidelines. Although Slaughter testified at the sentencing hearing, he did not present any evidence to rebut the facts set forth in the Presentence Report which indicated that he was a leader/organizer of the conspiracy. The evidence established that at least twelve people sold cocaine case for Slaughter; that Slaughter recruited people to transport drugs, sell drugs, “cook” and cut up cocaine base, store cocaine base, count money, and carry out other tasks in furtherance of the conspiracy; that Slaughter used force and threats to keep the sellers in line; and that Slaughter derived substantial income which exceeded the share of the street dealers that he recruited. Slaughter has not shown that the district court clearly erred in finding that he was a leader/organizer of the conspiracy and in increasing his offense level under § 3B1.1(a). See United States v. Boutte, 13 F.3d 855, 860 (5th Cir. 1994).

Slaughter argues that the district court erred in enhancing his offense level by two points for obstruction of justice pursuant to § 3C1.1 of the Guidelines. He argues that the district court violated his due process rights and confrontation rights by considering the testimony of Drug Enforcement Administration Agent Brad Baker concerning hearsay statements at the sentencing hearing. For sentencing purposes, the district court may consider any relevant evidence, including uncorroborated hearsay statements, if the information has a “sufficient indicia of reliability to support its probable accuracy.” See United States v. Davis, 76 F.3d 82, 84 (5th Cir.

No. 99-11142 -5- 1996); United States v. Gaytan, 74 F.3d 545, 558 (5th Cir. 1996). Slaughter did not present any evidence, other than his denial at the sentencing hearing, to rebut Agent Baker’s testimony that Slaughter obstructed justice by threatening a codefendant and urging others to lie or leave town. Slaughter also did not show that Agent Baker’s testimony concerning the hearsay statements was materially untrue or unreliable. Therefore, he has not shown that the district court clearly erred in finding that he obstructed justice and in increasing his offense level under § 3C1.1.

Slaughter argues that the district court erred in enhancing his offense level by two points under § 2D1.1(a)(1) of the Guidelines because one offense occurred near a protected area. Because Slaughter did not raise this argument in the district court, review is limited to plain error. See Calverley, 37 F.3d at 162-64. Slaughter concedes that a two-level reduction in his offense level would not affect the applicable sentencing guideline range. If his offense level were reduced from 46 to 44, his offense level would still be treated as the maximum offense level of 43 pursuant to U.S.S.G. Ch.5, Pt. A, comment. (n.2). Because Slaughter concedes that the correction of this alleged error would not change the applicable guideline sentencing range, we decline to address the merits of this claim. See United States v. Lopez, 923 F.3d 47, 51 (5th Cir. 1991).

Slaughter argues that his conviction should be reversed because the jury was not required to find the quantity of drugs as an element of each of the charged offenses. Slaughter’s

No. 99-11142 -6- argument is foreclosed by this court’s precedent. See United States v. Rios-Quintero, 204 F.3d 214, 215 (5th Cir. 2000); United States v. Watch, 7 F.3d 422, 426 (5th Cir. 1993).

AFFIRMED.