United States v. Ramirez

*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opinion should not be published and is not precedent except under the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.
UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-10784
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JORGE A RAMIREZ,
Defendant-Appellant.
___________________________________________________________________
Appeal from the United States District Court
for the Northern District of Texas
(3:01-CR-44-1-R)
__________________________________________________________________
September 17, 2002
Before REAVLEY, BARKSDALE, and CLEMENT, Circuit Judges.
PER CURIAM:*
We hold: (1) the evidence was sufficient to allow a reasonable
juror to find Ramirez’ statement that he would make the home he
purchased through HUD his primary home for three years was false when
made; (2) the district court did not commit reversible plain error by
allowing the Government’s examination of Agent Gilbert, who was
called as an adverse witness by Ramirez; and (3) the district court
did not commit clear error in assessing a two level enhancement for
“more than minimal planning”. Accordingly, the judgment is
AFFIRMED.

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