United States v. Guzman

U.S. Court of Appeals for the Fifth Circuit

United States v. Guzman

Opinion

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 01-41474 Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

FEDERICO GUZMAN, also known as Jesus Garcia-Perez, also known as Jesus Garcia-Garcia, also known as Juaquin (Joaquin) Alvarez- Perez, also known as Federico Guzman, also known as Federico Garcia-Guzman, also known as Ernesto Rivera-Garcia, also known as Federico Guzman Garcia, also known as Ernesto Rivera Garcia, also known as Jose Garcia Perez, also known as Joaquin Alvarez Perez, also known as Federico Garcia Guzman,

Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. B-00-CR-115-1 -------------------- January 6, 2003

Before BARKSDALE, DEMOSS and BENAVIDES, Circuit Judges.

PER CURIAM:*

Federico Guzman was convicted of making a false statement to

an immigration officer. He now appeals the district court’s

revocation of the supervised release imposed as a result of that

conviction, arguing that there was insufficient evidence to support

a finding that he violated

8 U.S.C. § 1324

by attempting to

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. transport aliens.

The district court’s finding that Guzman attempted to transport

aliens is supported by at least a preponderance of the evidence

when that evidence is viewed in a light most favorable to the

Government; therefore, the district court did not abuse its

discretion in revoking Guzman’s supervised release. See United

States v. Grandlund,

71 F.3d 507

, 509 n.2 (5th Cir. 1995) (applying

preponderance of the evidence standard), clarified by, United

States v. Grandlund,

77 F.3d 811

(5th Cir. 1996); United States v.

Alaniz-Alaniz,

38 F.3d 788, 792

(5th Cir. 1994) (on review of a

challenge to the sufficiency of the evidence, the evidence is

viewed in a light most favorable to the Government).

AFFIRMED.

Reference

Status
Unpublished