United States v. Buckner ( 1997 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 96-10057
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
RUBEN MIGUEL BUCKNER,
Defendant-Appellant.
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Appeal from the United States District Court
for the Northern District of Texas
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February 6, 1997
Before SMITH, DUHÉ, and BARKSDALE, Circuit Judges.
PER CURIAM:1
Ruben Miguel Buckner appeals his sentence for failure to
appear for sentencing, in violation of 18 U.S.C. § 3146(a)(1). He
argues that the district court erred in calculating the appropriate
incremental sentence under U.S.S.G. § 5G1.3(c), that the court
erred in enhancing his offense level under § 3A1.2 by considering
conduct for which he had been acquitted, and that the court erred
in awarding a two-level increase under § 3C1.1 for his refusal to
continue cross-examination.
1
Pursuant to Local Rule 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this opinion should not be published and is not precedent except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 Local Rule 47.5.4.
The district court did not reversibly err in calculating the
applicable guideline range. See United States v. Torrez, 40 F.3d
84, 86-87 (5th Cir. 1994). The district court did not err in
awarding a three-level enhancement under § 3A1.2 based on conduct
for which Buckner was acquitted. See United States v. Juarez-
Ortega, 866 F.2d 747, 749 (5th Cir. 1989). Any argument that the
district court erred in awarding a two-level enhancement under
§ 3C1.1 for obstruction of justice because Buckner refused to
continue cross-examination was harmless because the enhancement was
also made for Buckner’s failure to appear for sentencing. See
Williams v. United States, 503 U.S. 193, 203 (1992); United States
v. Cabral-Castillo, 35 F.3d 182, 188 (5th Cir. 1994), cert. denied,
115 S. Ct. 1157 (1995).
AFFIRMED.
2