United States v. Gonzalez

No. 99-50616
-1-
* 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that this opinion should not be published and is not precedent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. 99-50616
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
NELSON AGUSTIN GONZALEZ, also known
as Luis Roman, also known as El Cubano,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Western District of Texas
USDC No. M-98-CR-27-1
--------------------
February 29, 2000
Before GARWOOD, BENAVIDES and DENNIS, Circuit Judges.
PER CURIAM:*
Nelson Agustin Gonzalez was convicted of one count of
engaging in a continuing criminal enterprise (CCE), five counts
of aiding and abetting the possession of marijuana with intent to
distribute, four counts of money laundering, and one count of
being a felon in possession of a firearm. On appeal, he argues
that the trial court abused its discretion in admitting evidence
that Gonzalez had offered a coconspirator $10,000 to kill two men
in Mexico who had stolen marijuana from him.

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No. 99-50616
-2-
We have reviewed the briefs, the record, and the applicable
law and hold that the district court did not abuse its discretion
in admitting the challenged evidence. The evidence of the
attempted murder-for-hire was intrinsic to the CCE offense
because it was in furtherance of the drug conspiracy. See United
States v. Garcia Abrego, 141 F.3d 142, 175-76 (5th Cir), cert.
denied, 119 S. Ct. 182 (1998); United States v. Cortinas, 142
F.3d 242, 247-48 (5th Cir.), cert. denied sub nom., Martinez v.
United States, 119 S. Ct. 224 (1998).
AFFIRMED.

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