United States v. Pacheco ( 2000 )

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.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. EP-98–CR-1140-1-H
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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that this opinion should not be published and is not precedent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
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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.