USA v. Martinez-Robledo

Filing 511075277

Case: 08-40489

Document: 00511075277

Page: 1

Date Filed: 04/09/2010

IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED
N o . 08-40489 S u m m a r y Calendar April 9, 2010 Lyle W. Cayce Clerk

U N I T E D STATES OF AMERICA, P la in tiff-A p p e lle e v. L U IS MARTINEZ-ROBLEDO, also known as El Maistro, also known as Luis R o b le d o - M a r tin e z , D e fe n d a n t-A p p e lla n t

A p p e a l from the United States District Court fo r the Southern District of Texas U S D C No. 7:07-CR-488-8

B e fo r e DAVIS, SMITH, and DENNIS, Circuit Judges. P E R CURIAM:* A jury convicted Luis Martinez-Robledo (Martinez) of conspiring to possess w it h intent to distribute more than five kilograms of cocaine, conspiring to la u n d e r monetary instruments, and aiding and abetting. See 21 U.S.C. §§ 841, 8 4 6 ; 18 U.S.C. § 1956. He appeals his sentence of 188 months of imprisonment. M a r t in e z maintains that the district court erred in imposing a two-level s e n te n c in g enhancement for obstructing justice by perjuring himself at trial.

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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

*

Case: 08-40489

Document: 00511075277 Page: 2 No. 08-40489

Date Filed: 04/09/2010

T h e district court considered various statements made by Martinez during his t r ia l and concluded that the statements were false, that they pertained to m a t e r ia l matters, and that they were willful and not prompted by confusion or m is u n d e r s t a n d in g . Because the court's findings established a factual predicate f o r finding perjury, the district court did not err in imposing the enhancement. S e e United States v. Creech, 408 F.3d 264, 270-71 (5th Cir. 2005); United States v . Wild, 92 F.3d 304, 308 (5th Cir. 1996). A F F IR M E D .

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