United States v. Waggoner

* 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that this opinion should not be published and is not precedent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.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-11115
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
TERRANCE WAGGONER, also known as Terrence Waggoner,
Defendant-Appellant.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:01-CR-45-4-A
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March 21, 2002
Before REAVLEY, DAVIS and PARKER, Circuit Judges.
PER CURIAM:*
Terrance Waggoner has appealed the district court’s upward
departure from the Sentencing Guidelines for his conviction
of conspiracy to use identities fraudulently, in violation of
18 U.S.C. §§ 371 and 1028.
Waggoner contends that the district court abused its
discretion by departing upwardly, because there was insufficient
evidence that some of the victims suffered severe emotional
trauma or serious credit problems as a result of his conduct.
This is refuted by testimony and reports furnished by some of the

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No. 01-11115
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28 victims of the scheme. See U.S.S.G. § 2F1.1 (2000); United
States v. Wells, 101 F.3d 370, 371-74 (5th Cir. 1996).
AFFIRMED.

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