United States v. Uribe

UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 95-40090

Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee, versus

REGINALDO URIBE, also known as Keno,

Defendant-Appellant.

Appeal from the United States District Court for the Eastern District of Texas

USDC No. 1:94-CR-82-2

October 23, 1996

Before POLITZ, Chief Judge, GARWOOD and BENAVIDES, Circuit Judges.

PER CURIAM:*

Reginaldo Uribe appeals his sentence for conspiracy to possess with intent to distribute marihuana, contending that the district court abused its discretion in refusing to afford him a meaningful opportunity to refute the presentence report, and that it erred in ignoring the drug quantity stipulated in the plea agreement. He also contends that his attorney rendered ineffective assistance of counsel.

Our review of the record and the briefs of the parties lends inexorably to the conclusion that Uribe’s due process rights were not violated and that the district court did not abuse its discretion in the conduct of the sentencing hearing.1 Further, the district court may base a sentence on conduct or quantities of drugs apart from that charged in the indictment and stipulated by the parties at the time of the guilty plea.2 Finally, we decline to address Uribe’s allegations of ineffective assistance of counsel. This complaint was not presented to the district court and the record before us does not permit evaluation of its merits.3

AFFIRMED.