United States v. Hoskins

No. 95-50635
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IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 95-50635
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JAMES TYRONE HOSKINS,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. W-94-CR-97-5
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April 29, 1996
Before DAVIS, JONES, and DeMOSS, Circuit Judges.
PER CURIAM:*
James Tyrone Hoskins appeals his sentence for bank robbery.
Our review of the record and the arguments and authorities
convince us that no reversible error was committed. The district
court’s application of the cross-reference provision contained in
U.S.S.G. 2.B3.1(c) was not clearly erroneous. Hoskins has failed
to demonstrate his withdrawal from the joint criminal activity,
and the murder of Mrs. Parker was reasonably foreseeable in
connection with the bank robbery and botched get-away. United
*
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that this opinion should not be published and is not precedent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. 95-50635
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States v. Puig-Infante, 19 F.3d 929, 942, 944-46. (5th Cir.
1994). The district court did not impermissibly rely upon trial
testimony, as the incident referred to by the court was included
in Hoskins’ presentence report.
IT IS FURTHER ORDERED that, in the interests of judicial
efficiency, Hoskins’ appeal is severed from that of his
co-defendant, Anthony James Coleman.
AFFIRMED.