Filed: Apr. 13, 2001
Latest Update: Mar. 02, 2020
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 00-20489 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus ALEJANDRO ALONSO-FLORES, Defendant-Appellant. - Appeal from the United States District Court for the Southern District of Texas USDC No. H-99-CR-671-1 - April 12, 2001 Before JOLLY, HIGGINBOTHAM, and JONES, Circuit Judges. PER CURIAM:* Alejandro Alonso-Flores appeals the sentence imposed following his guilty-plea conviction for conspiracy to possess an
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 00-20489 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus ALEJANDRO ALONSO-FLORES, Defendant-Appellant. - Appeal from the United States District Court for the Southern District of Texas USDC No. H-99-CR-671-1 - April 12, 2001 Before JOLLY, HIGGINBOTHAM, and JONES, Circuit Judges. PER CURIAM:* Alejandro Alonso-Flores appeals the sentence imposed following his guilty-plea conviction for conspiracy to possess and..
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IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-20489
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ALEJANDRO ALONSO-FLORES,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-99-CR-671-1
--------------------
April 12, 2001
Before JOLLY, HIGGINBOTHAM, and JONES, Circuit Judges.
PER CURIAM:*
Alejandro Alonso-Flores appeals the sentence imposed
following his guilty-plea conviction for conspiracy to possess
and aiding and abetting possession with intent to distribute
cocaine. Alonso argues that the district court erred in
determining that he was responsible for in excess of 150
kilograms of cocaine.
Alonso has filed a motion for leave to file a supplemental
brief based on Jones v. United States,
526 U.S. 227 (1999) and
Apprendi v. New Jersey,
120 S. Ct. 2348 (2000). Alonso’s
*
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that this opinion should not be published and is not precedent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. 00-20489
-2-
original brief was filed more than a year after the decision in
Jones and more than four months after the decision in Apprendi.
His motion is denied.
A sentencing court’s determination of the quantity of drugs
attributable to the defendant for purposes of calculating a
defendant’s sentence is a factual finding that is reviewed for
clear error. United States v. Vine,
62 F.3d 107, 109 (5th Cir.
1995). Because the district court’s determination that more than
150 kilograms was attributable to Alonso is plausible in light of
the entire record, it is not clearly erroneous. See United
States v. Perez,
217 F.3d 323, 331 (5th Cir.), cert. denied,
121
S. Ct. 416 (2000). Accordingly, the sentence imposed by the
district court is affirmed.
AFFIRMED; MOTION DENIED.