United States v. Mendoza

Opinion

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

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No. 95-40315

Conference Calendar

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UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus

CARLOS MENDOZA, a/k/a Jose Celedon-Gamez, and JOSE LUIS LOPEZ-VILLARREAL,

Defendants-Appellants.

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Appeal from the United States District Court for the Southern District of Texas USDC Nos. L-94-CR-204-2 and L-94-CR-204-3 - - - - - - - - - -

February 29, 1996

Before GARWOOD, JONES, and EMILIO M. GARZA, Circuit Judges.

PER CURIAM:* Based upon a careful review of the record, we hold that the district court did not commit clear error in refusing to reduce the offense levels of Carlos Mendoza and Jose Luis Lopez- Villarreal under the sentencing guidelines because of their role in the offense. See United States v. Buenrostro, 868 F.2d 135, 137-38 (5th Cir. 1989), cert denied, 495 U.S. 923 (1990).

AFFIRMED.

*

Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4.