IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 01-40194

UNITED STATES OF AMERICA, Plaintiff-Appellee, versus MARK ANTHONY MARINTEZ, Defendant-Appellant.

Appeal from the United States District Court For the Southern District of Texas (B-00-CR-403-2)

July 11, 2002

Before HIGGINBOTHAM, JONES, and BARKSDALE, Circuit Judges.

PER CURIAM:* With the benefit of able oral argument and briefs, we are persuaded that the defendant’s contentions on appeal are without merit. The conviction and sentence are 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.