United States v. Meraz-Amado

• Court: Court of Appeals for the Fifth Circuit
• Decided: January 4, 2005
• Docket: 04-50316
• Status: Unpublished

Opinion

United States Court of Appeals Fifth Circuit F I L E D IIN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT January 4, 2005

Charles R. Fulbruge III Clerk No. 04-50316 Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

JESUS MERAZ-AMADO,

Defendant-Appellant.

* * * * * * * * * * Consolidated with No. 04-50328 * * * * * * * * * *

JESUS MERAZ-AMADO, also known as Francisco Coronado-Loera, also known as Fernando Meraz-Ramirez, also known as Francisco Amado-Coronado,

-------------------- Appeals from the United States District Court for the Western District of Texas USDC No. EP-00-CR-89-3-KC --------------------

Before WIENER, BENAVIDES, and STEWART, Circuit Judges.

PER CURIAM:*

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 04-50316 c/w 04-50328 -2-

Jesus Meraz-Amado appeals his consecutive sentences

following revocation of supervised release and guilty-plea

conviction of possessing with intent to distribute a substance

containing a detectable amount of marijuana.

Meraz-Amado argues that the district court abused its

discretion in imposing consecutive sentences because the district

court mistakenly believed that consecutive sentences were

required under Chapter 7 of the Sentencing Guidelines. However,

given the colloquy at sentencing between the district court and

defense counsel, the record does not support Meraz-Amado’s

contention that the district court misunderstood its discretion

to impose consecutive or concurrent sentences. See United States

v. Gonzalez, 250 F.3d 923, 925-29 (5th Cir. 2001). The judgment

of the district court is AFFIRMED.