United States v. Pacheco ( 2000 )


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  •                             No. 99-50441
    -1-
    IN THE UNITED STATES COURT OF APPEALS
    FOR THE FIFTH CIRCUIT
    No. 99-50441
    Conference Calendar
    UNITED STATES OF AMERICA,
    Plaintiff-Appellee,
    versus
    LEOPOLDO PACHECO,
    Defendant-Appellant.
    - - - - - - - - - -
    Appeal from the United States District Court
    for the Western District of Texas
    USDC No. EP-98–CR-1140-1-H
    - - - - - - - - - -
    April 14, 2000
    Before WIENER, DeMOSS, and PARKER, Circuit Judges.
    PER CURIAM:*
    Leopoldo Pacheco appeals from his sentence for conspiracy to
    import an unspecified quantity of marijuana into the United
    States from Mexico, importing an unspecified quantity of
    marijuana into the United States from Mexico, conspiracy to
    possess with intent to distribute an unspecified amount of
    marijuana, and possession with intent to distribute an
    unspecified quantity of marijuana.   Relying upon Jones v. United
    States, 
    526 U.S. 227
    , 
    119 S. Ct. 1215
     (1999), Pacheco argues that
    his sentence must be vacated because it was enhanced on the basis
    *
    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    that this opinion should not be published and is not precedent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. 99-50441
    -2-
    of the quantities of marijuana involved in each offense, which
    were not alleged in the indictment or submitted to a jury.
    Pacheco did not raise this claim before the district court.
    Accordingly, we review for plain error only.   Pacheco’s challenge
    is foreclosed by United States v. Rios-Quintero, 
    204 F.3d 214
    (5th Cir. 2000), which held that Jones does not support a
    determination of plain error.   Accordingly, the judgment of the
    district court is AFFIRMED.
    

Document Info

Docket Number: 99-50441

Filed Date: 4/17/2000

Precedential Status: Non-Precedential

Modified Date: 12/21/2014