United States v. Garza

* 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that this opinion should not be published and is not precedent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. 01-20769
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
MONICO GARZA,
Defendant-Appellant.
Appeal from the United States District Court
for the Southern District of Texas
(H-00-CR-484-2)
September 30, 2002
Before BARKSDALE, DeMOSS, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Monico Garza appeals his conviction and sentence following a
guilty plea to possession with intent to distribute marijuana, in
violation of 21 U.S.C. §§ 841(a)(1) and (b)(1)(C). Garza’s
Apprendi-challenge to his indictment, based on the sentence he
received, is without merit. See United States v. Clinton, 256 F.3d
311, 314 (5th Cir.), cert. denied, 122 S. Ct. 492 (2001). Garza’s
contention that the district court clearly erred when it
characterized him as a leader under U.S.S.G. § 3B1.1(c) and

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concomitantly erred in refusing to apply the safety valve
provisions set forth in §§ 2D1.1(b)(6) and 5C1.2(4) is likewise
without merit, given that Garza recruited Trevino and Guerrero.
See United States v. Giraldo, 111 F.3d 21, 24 (5th Cir. 1997),
cert. denied 522 U.S. 925; § 3B1.1(c), comment. (n.4). Last, the
district court did not commit reversible plain error when it fined
Garza $3000. See United States v. Rodriguez, 15 F.3d 408, 414 (5th
Cir. 1994).
AFFIRMED

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