United States v. Jimenez ( 2004 )

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-4421
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
MARIO JIMENEZ, a/k/a Luis Tuburcio, a/k/a Luis
Tiburcio, a/k/a Mario Ilmenez,
Defendant - Appellant.
Appeal from the United States District Court for the District of
Maryland, at Baltimore. Andre M. Davis, District Judge. (CR-02-
448)
Submitted: January 9, 2004 Decided: March 8, 2004
Before WIDENER, WILLIAMS, and KING, Circuit Judges.
Affirmed by unpublished per curiam opinion.
James Wyda, Federal Public Defender, Jeffery E. Risberg, Assistant
Federal Public Defender, Baltimore, Maryland, for Appellant.
Thomas M. DiBiagio, United States Attorney, Bonnie S. Greenberg,
Assistant United States Attorney, Baltimore, Maryland, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Mario Jimenez appeals from the fifty-seven month sentence
imposed by the district court following his plea of guilty to
unlawfully re-entering the United States after having been deported
in violation of 8 U.S.C. § 1326 (2000). On appeal, he contends
that the court erred in attributing a conviction to him in
determining his criminal history score. Jimenez asserted that he
was not convicted of the offense and therefore his criminal history
score was erroneously increased by two points. We find that the
court’s determination that Jimenez was, in fact, convicted of a
misdemeanor offense in New York is supported by a preponderance of
the evidence and is not clearly erroneous. See United States v.
Daughtrey, 874 F.2d 213, 217-18 (4th Cir. 1989); see also United
States v. DiPina, 178 F.3d 68, 75-76 (1st Cir. 1999). Accordingly,
we affirm Jimenez’s sentence. We dispense with oral argument
because the facts and legal contentions are adequately presented in
the materials before the court and argument would not aid the
decisional process.
AFFIRMED
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