United States v. Perez

* 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that this opinion should not be published and is not precedent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. 99-10613
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ANTHONY PASTOR PEREZ,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:98-CR-100-1-Y
--------------------
February 17, 2000
Before EMILIO M. GARZA, BENAVIDES, and DENNIS, Circuit Judges.
PER CURIAM:*
Anthony Perez (“Perez”) appeals the sentence following his
guilty-plea conviction for bank robbery, 18 U.S.C. § 2113(a). He
argues that the district court erred in increasing his base
offense level five levels, pursuant to U.S.S.G. § 2B3.1(b)(2)(C),
for possessing a firearm during the bank robbery.
We have carefully reviewed the arguments and the appellate
record. Perez has failed to demonstrate that the district court
clearly erred in its finding that he possessed a firearm during

-- 1 of 2 --

the bank robbery. See United States v. McCarty, 36 F.3d 1349,
1360 (5th Cir. 1994).
AFFIRMED.

-- 2 of 2 --