United States v. Enriquez-Varela

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
__________________
Nos. 95-50911
95-50917
Summary Calendar
__________________
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JOSE MANUEL ENRIQUEZ-VARELA,
Defendant-Appellant.
- - - - - - - - - -
Appeal from the United States District Court
for the Western District of Texas
USDC Nos. 94-CR-411 & 95-CR-106
- - - - - - - - - -
June 3, 1996
Before DAVIS, BARKSDALE, and DeMOSS, Circuit Judges.
PER CURIAM:*
Jose Manuel Enriquez-Varela appeals his guilty-plea
conviction for possession with intent to distribute heroin, in
violation of 21 U.S.C. § 841(a)(1), and failure to appear, in
violation of 18 U.S.C. § 3146(a)(1). He argues that the district
court erred in declining to award a two-level decrease for
acceptance of responsibility under U.S.S.G. § 3E1.1 and in
calculating his criminal history score.
*
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that this opinion should not be published and is not precedent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.
Nos. 95-50911 & 95-50917
-2-
We have reviewed the record, the briefs of the parties, and
the district court's oral ruling and find no reversible error.
The district court did not err in finding that Enriquez's conduct
was not so extraordinary that adjustments for both obstruction of
justice and acceptance of responsibility would be appropriate.
See United States v. Ayala, 47 F.3d 688, 691 (5th Cir. 1995).
The district court's calculation of Enriquez's criminal history
score did not rise to the level of plain error. See United
States v. Calverley, 37 F.3d 160, 162-64 (5th Cir. 1994)(en
banc).
AFFIRMED.