IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 96-11584
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JUAN MARQUEZ, JR., also know as
Juan Baller Marquez,
Defendant-Appellant.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:96-CR-98-A
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October 21, 1997
Before POLITZ, Chief Judge, and WIENER and DENNIS, Circuit Judges.
PER CURIAM:*
Juan Marquez, Jr., appeals his sentence for conspiracy to
possess with intent to distribute approximately five kilograms of
cocaine, arguing that the district court erred in increasing his
base offense level two levels for possession of a dangerous
weapon pursuant to U.S.S.G. § 2D1.1(b)(1). Our review of the
record and the arguments and authorities convinces us that no
reversible error was committed. The district court adequately
*
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that this opinion should not be published and is not precedent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.
No. 96-11584
-2-
resolved the factual issue concerning Marquez’s knowledge of the
handgun by overruling his objection and adopting the facts
contained in the presentence report. See United States v.
Garcia, 86 F.3d 394, 401 (5th Cir. 1996), cert. denied, 117 S.
Ct. 752 (1997). Because it is not clearly improbable that the
weapon found in the vehicle was connected with the offense, the
district court did not err in applying the two-level enhancement
for weapons possession. See United States v. Flucas, 99 F.3d
177, 179 (5th Cir. 1996), cert. denied, 117 S. Ct. 1097 (1997).
AFFIRMED.