United States v. Schultz

* 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this opinion should not be published and is not precedent except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. 01-50094
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
OLIVER HANS DIETER SCHULTZ,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. P-00-CR-107-ALL-F
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April 5, 2002
Before DAVIS, BENAVIDES, and CLEMENT, Circuit Judges.
PER CURIAM:*
Oliver Hans Dieter Schultz has appealed his conviction and
the sentence he received for having been found in the United
States after deportation, in violation of 8 U.S.C. § 1326. We
AFFIRM.
There is no merit to Schultz’s contention that the evidence
was insufficient to support his conviction, based principally
upon his argument that he relied in good faith upon valid visas

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No. 01-50094
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which he received. See United States v. Trevino-Martinez,
86 F.3d 65, 68 (5th Cir. 1996).
Schultz now contends, for the first time, that the district
court should have departed downward in sentencing him, on the
ground of cultural assimilation. See United States v. Rodriguez-
Montelongo, 263 F.3d 429, 432-34 (5th Cir. 2001). Schultz “is
not entitled to appellate relief on this point, because questions
of fact capable of resolution at sentencing can never constitute
plain error.” United States v. Fierro, 38 F.3d 761, 774
(5th Cir. 1994).
AFFIRMED.

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