USA v. Machuca

Filing 920090818

IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED
No. 08-50818 Conference Calendar August 18, 2009 Charles R. Fulbruge III Clerk

UNITED STATES OF AMERICA, Plaintiff-Appellee v. CARLOS RENE MACHUCA, Defendant-Appellant

Appeal from the United States District Court for the Western District of Texas USDC No. 7:08-CR-55-1

Before HIGGINBOTHAM, DAVIS, and CLEMENT, Circuit Judges. PER CURIAM:* Carlos Rene Machuca appeals the sentence imposed following his jury convictions for conspiracy to commit bank fraud, aiding and abetting bank fraud, money laundering, and aiding and abetting identity theft. Machuca argues that a U.S.S.G. § 3C1.1 enhancement for perjury unconstitutionally infringes on a defendant's right to testify on his own behalf in a criminal proceeding because the Government may prove the enhancement by only a preponderance of 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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.

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No. 08-50818 evidence. This argument is foreclosed. See United States v. Dunnigan, 507 U.S. 87, 96-97 (1993); United States v. Gourley, 168 F.3d 165, 171 n.10 (5th Cir. 1999). AFFIRMED.

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