United States v. Garza

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
__________________
No. 95-10413
Summary Calendar
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UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
RUY GARZA,
Defendant-Appellant.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:94-CR-191-A
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April 1, 1996
Before WIENER, PARKER and DENNIS, Circuit Judges.
PER CURIAM:*
Ruy Garza appeals from his jury trial conviction and
sentence for possession of cocaine with the intent to distribute
and conspiracy to commit the same. The evidence was not
insufficient. See United States v. Vasquez, 953 F.2d 176, 181
(5th Cir.), cert. denied, 504 U.S. 946 (1992). The district
court did not err by refusing to allow Garza's counsel to ask the
venire panel questions regarding their beliefs in certain
*
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that this opinion should not be published and is not precedent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.
No. 95-10413
-2-
propositions of law. United States v. Rodriguez, 993 F.2d 1170,
1176 (5th Cir. 1993), cert. denied, 114 S. Ct. 1547 (1994). The
district court did not err in denying Garza a mitigating-role
adjustment under U.S.S.G. § 3B1.2. See United States v. Zuniga,
18 F.3d 1254, 1261 (5th Cir.), cert. denied, 115 S. Ct. 214
(1994).
However, the district court exceeded its statutory power
under 18 U.S.C. § 3583(d) in ordering Garza deported as a
condition of supervised release. See United States v. Quaye, 57
F.3d 447, 450-51 (5th Cir. 1995). Therefore, we ORDER that the
judgment below be amended as follows:
As a condition of supervised release, upon completion
of his term of imprisonment Garza is to be surrendered
to a duly-authorized immigration official for
deportation in accordance with the established
procedures provided by the Immigration and
Naturalization Act, 8 U.S.C. §§ 1101 et seq. As a
further condition of supervised release, if ordered
deported, Garza shall remain outside the United States.
AFFIRMED AS MODIFIED.