U.S. Court of Appeals for the Fifth Circuit, 1999

United States v. Garza

U.S. Court of Appeals for the Fifth Circuit · Decided September 3, 1999

Opinion

UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 98-40467

Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee, versus

PEDRO GARZA, JR.,

Defendant-Appellant.

Appeal from the United States District Court for the Southern District of Texas (M-97-CR-142-2)

September 2, 1999

Before POLITZ, WIENER, and PARKER, Circuit Judges.

PER CURIAM:*

Pedro Garza pleaded guilty to one count of alien transporting. Garza appeals his sentence, contending that the district court erred by increasing his offense level for using a minor to commit the offense.

At sentencing, both Garza and the minor allegedly used in the offense testified. The district court found neither to be credible.1 In addition, the testimony of other witnesses supported the imposition of the enhancement. We find no reversible error. Accordingly, the judgment appealed is AFFIRMED.

* 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 R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 1 United States v. Huskey, 137 F.3d 283 (5th Cir. 1998); United States v. Sotelo, 97 F.3d 782 (5th Cir. 1996).

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