IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 96-30185
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
PATRICIO HOMERO SAENZ, JR.,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 93-CR-20046
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December 10, 1996
Before WIENER, BARKSDALE, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Patricio Saenz appeals from his sentence on remand. In his
first direct appeal, we affirmed Saenz’s conviction for
conspiracy to import, and to possess with intent to distribute,
in excess of 1000 kilograms of marijuana and in excess of 5
kilograms of cocaine, in violation of 21 U.S.C. § 841(b)(1)(A).
United States v. Lopez et al., No. 94-40723 (5th Cir. Nov. 21,
1995). We remanded the case, however, for resentencing because
*
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that this opinion should not be published and is not precedent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.
No. 96-30185
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the district court had erroneously included 650 pounds of
marijuana in calculating Saenz’s base offense level. Id. On
remand, the district court reduced the marijuana attributable to
Saenz by 650 pounds and found that the same offense level was
applicable based on the remaining 1028 kilograms attributable to
Saenz. The district court again sentenced Saenz to the 121
months’ imprisonment, as it had sentenced him during his initial
sentencing.
We need not address the various issues Saenz attempts to
raise on appeal concerning aspects of Saenz’s resentencing beyond
the 650-pound marijuana reduction. On an appeal following remand, the only
issue for consideration is whether the court below reached its final decree in due pursuance of this
court's previous opinion and mandate. Burroughs v. FFP Operating Partners, L.P., 70 F.3d 31,
33 (5th Cir. 1995); see also United States v. Fiallo-Jacome, 874 F.2d 1479, 1482 (11th Cir. 1989)
(quoting with approval, Martin v. Atl. Coast Line R.R., 289 F.2d 414, 416 (5th Cir. 1961)
(Wisdom, J.)). The district court complied with this court’s opinion
and mandate and did not err when it resentenced Saenz.
AFFIRMED.