United States v. Loredo

* 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that this opinion should not be published and is not precedent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. 99-40736
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JOSE LUIS LOREDO,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. M-98-CR-447-1
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April 10, 2001
Before JOLLY, HIGGINBOTHAM, and JONES, Circuit Judges.
PER CURIAM:*
Jose Luis Loredo appeals the district court’s assessment of
his base offense level at 22. Loredo’s argument is that there
are no facts to support a finding of intent to distribute heroin,
as opposed to mere possession, which carries with it a lower base
offense level. However, Loredo failed to object to the PSR,
relegating our review to the “plain error” standard. See United
States v. Ocana, 204 F.3d 585, 588, cert. denied, 121 S. Ct. 192
(2000). We decline to exercise our jurisdiction to correct any
error as it would not seriously affect the fairness, integrity,

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No. 99-40736
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or public reputation of judicial proceedings. See United States
v. Calverley, 37 F.3d 160, 162 (5th Cir. 1994) (en banc).
Accordingly, we AFFIRM the judgment of the district court.
AFFIRMED.

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