United States v. Aaron

* 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this opinion should not be published and is not precedent except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.
United States Court of Appeals
Fifth Circuit
F I L E D
October 13, 2004
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 03-11333
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ANTHONY LEE AARON,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 1:03-CR-29-1
--------------------
Before EMILIO M. GARZA, DeMOSS, and CLEMENT, Circuit Judges.
PER CURIAM:*
Anthony Lee Aaron appeals from his guilty-plea conviction
for manufacturing counterfeit Federal Reserve Notes. He argues
that, because the counterfeit notes at issue were “so obviously
counterfeit that they [were] unlikely to be accepted even if
subjected to only minimal scrutiny,” the district court should
not have increased his sentence pursuant to U.S.S.G.
§§ 2B5.1(b)(2)(A) and (b)(3). This court reviews “the district
court’s application of the Sentencing Guidelines de novo and its

-- 1 of 2 --

No. 03-11333
-2-
findings of fact for clear error.” United States v. Wyjack, 141
F.3d 181, 183 (5th Cir. 1998).
Reviewing the evidence in light of the multi-factor test set
forth in Wyjack, 141 F.3d at 184, we conclude that the district
court did not clearly err when determining that the counterfeit
notes at issue were not “obviously counterfeit” for purposes of
U.S.S.G. § 2B5.1(b)(2)(A). See United States v. Bollman, 141
F.3d 184, 186-87 (5th Cir. 1998). Accordingly, the district
court’s judgment is AFFIRMED.

-- 2 of 2 --