United States of America v. Washington, 124 S. Ct. 2531 2004 , “argues strongly for a rigorous observance of…

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 04-4350
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
FELIPE RODRIGUEZ-FLORES,
Defendant - Appellant.
Appeal from the United States District Court for the Middle
District of North Carolina, at Durham. N. Carlton Tilley, Jr.,
Chief District Judge. (CR-03-427)
Submitted: June 10, 2005 Decided: June 28, 2005
Before LUTTIG, MOTZ, and GREGORY, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Vaughan S. Winborne, Jr., Raleigh, North Carolina, for Appellant.
Anna Mills Wagoner, United States Attorney, Michael F. Joseph,
Assistant United States Attorney, Greensboro, North Carolina, for
Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).

-- 1 of 3 --

- 2 -
PER CURIAM:
Felipe Rodriguez-Flores appeals the district court’s
judgment imposed pursuant to his guilty plea to illegal reentry
following deportation, in violation of 8 U.S.C. §§ 1326(a), (b)
(2000), possession with intent to distribute methamphetamine, in
violation of 21 U.S.C. § 841 (2000), and being an alien in
possession of a firearm, in violation of 18 U.S.C. § 922(g)(5)
(2000). He does not contest his conviction, but rather only his
sentence, on appeal.
Rodriguez-Flores asserts that he was denied his Sixth
Amendment right to confront the evidence against him, because
proper, reliable evidence of his probation violation did not exist.
Specifically, Rodriguez-Flores asserts that his inability to test
the veracity of the criminal history materials concerning his
probation violation violates the heart of the Confrontation Clause,
and that Blakely v. Washington, 124 S. Ct. 2531 (2004), “argues
strongly for a rigorous observance of constitutional guarantees”
that would prohibit the finder of fact from basing his decision on
“flimsy or non-existent evidence.”
After careful review of the record, we conclude that any
error by the district court is harmless because even if the
probation violation at issue were not assessed against him, and
Rodriguez-Flores’ criminal history score was reduced by two points
as he requests, Rodriguez-Flores would still be subject to Criminal

-- 2 of 3 --

*We note that contrary to Rodriguez-Flores’ assertion on
appeal, the district court originally sentenced him under Criminal
History Category IV.
- 3 -
History Category IV. * Accordingly, we affirm his conviction and
sentence. We dispense with oral argument because the facts and
legal contentions are adequately presented in the materials before
the court and argument would not aid the decisional process.
AFFIRMED

-- 3 of 3 --