IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 97-40625
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
STEVEN PAUL TALMORE,
Defendant-Appellant.
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Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 1:96-CR-118-1
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December 9, 1997
Before BARKSDALE, BENAVIDES, and STEWART, Circuit Judges.
PER CURIAM:*
Steven Paul Talmore appeals his sentence after pleading
guilty to misprision of a felony, 18 U.S.C. § 4. Talmore argues
that the district court erred by denying his objection to the
five-level increase for brandishing a firearm because the use of
a firearm by Brown was not reasonably foreseeable to him. Based
on the facts in the PSR which showed that Talmore was in the
vehicle with Brown just before the robbery, which facts the
district court found were reliable, and which finding Talmore
*
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that this opinion should not be published and is not precedent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. 97-40625
-2-
does not challenge, the district court did not clearly err in
finding that it was reasonably foreseeable to Talmore that Brown
would brandish a firearm during the robbery. United States v.
Burton, 126 F.3d 666, 678-79 (5th Cir. 1997).
AFFIRMED.