United States v. Martinez

88 F. App'x 764

Opinion

PER CURIAM *

Gaspar Sardaneta Martinez (Martinez) appeals his sentence following his guilty plea conviction for conspiracy to possess with the intent to distribute methamphetamine, cocaine, and amphetamine. Martinez argues that the district court clearly erred in overruling his objection to the presentence report’s (PSR) drug-quantity findings. Specifically, Martinez challenges as unreliable case agent David Evans’s senteneing-hearing testimony relating to information he obtained from a confidential informant (Cl).

Even without consideration of the information obtained from the Cl, the district court’s drug-quantity findings remain plausible in light of the record as a whole. See United States v. Puig-Infante, 19 F.3d 929, 942 (5th Cir.1994); United States v. Shipley, 963 F.2d 56, 58 (5th Cir.1992). Accordingly, the district court did not clearly err in overruling Martinez’s objection to the PSR’s drug-quantity calculation. See United States v. Ponce, 917 F.2d 841, 842 (5th Cir.1990).

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* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.