UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 99-21049

UNITED STATES OF AMERICA, Plaintiff-Appellee, versus ALTON DANE HUDNALL, Defendant-Appellant.

Appeal from the United States District Court for the Southern District of Texas (H-97-CR-262-3) May 14, 2001 Before POLITZ and BARKSDALE, Circuit Judges, and FALLON,1 District Judge.

PER CURIAM:2 Having considered the briefs and pertinent parts of the record, and the arguments of counsel, the district court did not abuse its discretion regarding the submission of the evidence at issue nor did it clearly err in enhancing the sentence for abuse of

District Judge of the Eastern District of Louisiana, sitting by designation.

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. a position of trust pursuant to § 3B1.3 of the Sentencing Guidelines.

AFFIRMED