IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 02-40436 Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

DANIEL RUBALCADA, also known as Armando Trevino, also known as Jose Manuel,

Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. L-01-CR-128-ALL -------------------- January 29, 2003

Before DAVIS, WIENER and EMILIO M. GARZA, Circuit Judges.

PER CURIAM:*

Daniel Rubalcada appeals his sentence for possession with

intent to distribute marihuana in violation of

(a)

and

(b)(1)(D). Rubalcada argues that the district

court erred in giving him an upward adjustment for obstruction of

justice pursuant to U.S.S.G. § 3C1.1, because there was no

evidence that he had willfully failed to appear at his

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. No. 02-40436 -2-

arraignment and because the district court made no finding of

willfulness.

The district court did not clearly err in adjusting

Rubalcada’s sentence for obstruction of justice, since there is

ample evidence in the record that his failure to appear was

willful. See United States v. Edwards,

(5th

Cir. 2002). For example, at sentencing, the district court found

that Rubalcada had absconded and had traveled around the country

to evade law enforcement.

AFFIRMED.