United States Court of Appeals Fifth Circuit

FILED IN THE UNITED STATES COURT OF APPEALS December 16, 2004 FOR THE FIFTH CIRCUIT Charles R. Fulbruge III Clerk

No. 04-40329 Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

ALBERTO ESCAMILLA, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Eastern District of Texas USDC No. 1:02-CR-175-1-RC-ESH --------------------

Before KING, Chief Judge, and DeMOSS and CLEMENT, Circuit Judges.

PER CURIAM:*

Alberto Escamilla appeals from his conviction of possessing

with intent to distribute crack cocaine and carrying a firearm

during a drug-trafficking offense. He contends solely that the

district court should have adjusted his offense level for

acceptance of responsibility.

The testimony of Investigator Tyree Beals, which was

corroborated by other evidence, provided support for the district

court’s determination that Escamilla was not entitled to an

adjustment for acceptance of responsibility. Because there was a

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 04-40329 -2-

foundation for the district court’s determination, we do not

disturb that determination. United States v. Washington,

(5th Cir.), cert. denied,

(2003).

AFFIRMED.