IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 95-31288
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
CLARENCE ROBINSON, JR.,
Defendant-Appellant.
Appeal from the United States District Court for the
Middle District of Louisiana
(CR-94-26-B-M2)
September 25, 1996
Before GARWOOD, JOLLY and DENNIS, Circuit Judges.*
PER CURIAM:
Clarence Robinson, Jr., appeals his sentence following his
jury trial conviction for possession of a firearm by a convicted
felon. Robinson argues that the district court denied him due
process of law regarding his sentence because the court denied his
motion for continuance and his motion for funds to hire an
*
Pursuant to Local Rule 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this opinion should not be published and is not precedent except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 Local Rule 47.5.4.
investigator. Robinson also argues that the district court
erroneously applied the preponderance of the evidence burden of
proof at his sentencing hearing. As the district court did not
abuse its discretion in denying Robinson’s motions, Robinson was
not denied due process of law. See United States v. Gadison, 8
F.3d 186, 191 (5th Cir. 1993); United States v. Correa-Ventura, 6
F.3d 1070, 1074 (5th Cir. 1993); United States v. Goodwin, 770 F.2d
631, 634 (7th Cir. 1985). The district court correctly applied the
preponderance of the evidence standard as the appropriate standard
of review at Robinson’s sentencing. See United States v. Megerson,
4 F.3d 337, 343-344 (5th Cir. 1993), cert. denied, 114 S.Ct. 1310
(1994).
AFFIRMED
2