United States v. Orozco ( 2000 )

No. 98-20349
-1-
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 98-20349
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
FIDELMAR OROZCO,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-95-CR-314-1
--------------------
April 14, 2000
Before WIENER, DeMOSS and PARKER, Circuit Judges.
PER CURIAM:*
Fidelmar Orozco appeals from the judgment entered after he
pleaded guilty to conspiracy to possess heroin and two counts of
possession of heroin with intent to distribute.
Orozco argues that his conviction cannot be affirmed until
the record is supplemented with a page missing from the
indictment. The Government included the missing page in its
record excerpts, and Orozco has not filed a reply brief or
responded in any other way to the production of the missing page.
Accordingly, we conclude that Orozco has abandoned any argument
*
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that this opinion should not be published and is not precedent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. 98-20349
-2-
relating to the sufficiency of the indictment. See Yohey v.
Collins, 985 F.2d 222, 225 (5th Cir. 1993).1
Orozco argues that the district court erred when, despite
his objections, it did not require the Government to produce
evidence in support of information contained in the presentence
report (PSR). As he concedes, however, we have previously held
that a defendant’s failure to present any evidence in support of
his objections means that the sentencing court is “free to adopt
[the PSR’s] findings without further inquiry or explanation.”
United States v. Vital, 68 F.3d 114, 120 (5th Cir. 1995).
AFFIRMED.
1
We note that Orozco “[bore] the burden of creating the
record on appeal.” United States v. Coveney, 995 F.2d 578, 587
(5th Cir. 1993).