United States v. Perez

Opinion

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 99-10613 Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

ANTHONY PASTOR PEREZ,

Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Northern District of Texas USDC No. 4:98-CR-100-1-Y -------------------- February 17, 2000

Before EMILIO M. GARZA, BENAVIDES, and DENNIS, Circuit Judges.

PER CURIAM:*

Anthony Perez (“Perez”) appeals the sentence following his

guilty-plea conviction for bank robbery, 18 U.S.C. § 2113(a). He

argues that the district court erred in increasing his base

offense level five levels, pursuant to U.S.S.G. § 2B3.1(b)(2)(C),

for possessing a firearm during the bank robbery.

We have carefully reviewed the arguments and the appellate

record. Perez has failed to demonstrate that the district court

clearly erred in its finding that he possessed a firearm during

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. the bank robbery. See United States v. McCarty, 36 F.3d 1349,

1360 (5th Cir. 1994).

AFFIRMED.