USA v. Montez

Filing 920070213

Opinion

United States Court of Appeals Fifth Circuit

F I L E D
IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT February 13, 2007 Charles R. Fulbruge III Clerk No. 06-40315 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus FRANCISCO MONTEZ, Defendant-Appellant. -------------------Appeal from the United States District Court for the Southern District of Texas USDC No. 2:05-CR-343-1 -------------------Before BARKSDALE, GARZA, and CLEMENT, Circuit Judges. PER CURIAM:* Francisco Montez appeals his sentence for conspiracy to possess with intent to distribute more than 100 kilograms of marijuana. Montez argues that the evidence is insufficient to

support sentence enhancements imposed for obstruction of justice and for his role in the offense. Montez's arguments are not

reviewable on appeal because he waived both issues at sentencing. United States v. Musquiz, 45 F.3d 927, 931 (5th Cir. 1995). Accordingly, the judgment of the district court is AFFIRMED.

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.

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