United States v. Tinajero

* 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that this opinion should not be published and is not precedent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. 99-10349
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
MANUEL TINAJERO,
Defendant-Appellant.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 5:98-CR-057-1-C
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December 29, 1999
Before HIGGINBOTHAM, DeMOSS, and STEWART, Circuit Judges.
PER CURIAM:*
Manuel Tinajero (“Tinajero”) appeals from his sentence
following his jury trial conviction for illegal re-entry after
deportation, 8 U.S.C. § 1326. He contends that the district
court erred by adjusting his offense level upward two levels for
obstruction of justice, pursuant to U.S.S.G. § 3C1.1.
Specifically, Tinajero argues that the district court clearly
erred in finding his failure to appear for trial willful. We
have reviewed the record and the briefs of the parties, and we

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No. 99-10349
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conclude that the district court did not err in applying § 3C1.1.
See United States v. O’Callaghan, 106 F.3d 1221, 1223 (5th Cir.
1997).
AFFIRMED.

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