Filed: Aug. 27, 1999
Latest Update: Mar. 02, 2020
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 98-41121 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus SERGIO GONZALEZ-VERA, Defendant-Appellant. - Appeal from the United States District Court for the Southern District of Texas USDC No. M-98-CR-195-2 - August 24, 1999 Before KING, Chief Judge, and DAVIS and SMITH, Circuit Judges. PER CURIAM:* Sergio Gonzalez-Vera appeals from his sentence for possession with intent to distribute cocaine. Gonzalez conten
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 98-41121 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus SERGIO GONZALEZ-VERA, Defendant-Appellant. - Appeal from the United States District Court for the Southern District of Texas USDC No. M-98-CR-195-2 - August 24, 1999 Before KING, Chief Judge, and DAVIS and SMITH, Circuit Judges. PER CURIAM:* Sergio Gonzalez-Vera appeals from his sentence for possession with intent to distribute cocaine. Gonzalez contend..
More
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 98-41121
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
SERGIO GONZALEZ-VERA,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. M-98-CR-195-2
--------------------
August 24, 1999
Before KING, Chief Judge, and DAVIS and SMITH, Circuit Judges.
PER CURIAM:*
Sergio Gonzalez-Vera appeals from his sentence for
possession with intent to distribute cocaine. Gonzalez contends
that the district court should have adjusted his offense level
downward because he was a minor participant and erred by
increasing his offense level for reckless endangerment during
flight.
Gonzalez’s offense level was based on 858 kilograms of
cocaine taken from the vehicle he was driving. Because the
*
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that this opinion should not be published and is not precedent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. 98-41121
-2-
sentence was based on an activity in which Gonzalez was actually
involved, the district court did not err by declining to adjust
Gonzalez’s base offense level. United States v. Atanda,
60 F.3d
196, 199 (5th Cir. 1995). The district court did not err by
finding that Gonzalez recklessly endangered others during his
flight from police. Gonzalez’s own conduct provided a sufficient
basis for such a finding. See United States v. Lugman,
130 F.3d
113, 115 (5th Cir. 1997), cert. denied,
118 S. Ct. 1855 (1998).
AFFIRMED.