IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 97-40161
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ANTONIO CARRERA-HERNANDEZ, a/k/a
Carlos Mendoza-Hernandez,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
UDC No. L-96-CR-203-1
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December 10, 1997
Before BARKSDALE, BENAVIDES, and STEWART, Circuit Judges.
PER CURIAM:*
Antonio Carrera-Hernandez appeals his sentence following his
guilty-plea conviction to illegally entering the United States
after previously being deported. He contends that the district
court erred by enhancing his offense level by two levels for
obstruction of justice. Carrera-Hernandez’s appeal is not based
in fact. A review of the record reveals that the district court
did not enhance his offense level for obstruction of justice.
*
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that this opinion should not be published and is not precedent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. 97-40161
-2-
Rather, the district court reduced Carrera-Hernandez’s offense
level by two levels after discussing the appropriateness of an
upward adjustment for obstruction of justice.
This appeal is frivolous and is thus DISMISSED. See 5th
Cir. R. 42.2. Counsel are warned that this court has little
tolerance for the raising and arguing of frivolous issues that
are belied by the record.
APPEAL DISMISSED.