UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
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No. 97-30898
Summary Calendar
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UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JOHN WESLEY BROUSSARD,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Louisiana
(96-CR-60041-1)
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March 27, 1998
Before WIENER, BARKSDALE, and EMILIO M. GARZA, Circuit Judges.
PER CURIAM:*
John Wesley Broussard appeals the sentence imposed following
his guilty plea to transportation of hazardous waste to an
unpermitted facility, its transportation without a manifest, and
its storage without a permit. For the first time on appeal, he
challenges the district court’s upward departures, made pursuant to
U.S.S.G. § 2Q1.2, application notes 5 and 7. Based on our review
of the record, we conclude that the district court did not commit
plain error in so departing. See, e.g., United States v. Ravitch,
128 F.3d 865, 869 (5th Cir. 1997); United States v. Vital, 68 F.3d
114, 119 (5th Cir. 1995).
*
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that this opinion should not be published and is not precedent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.
Accordingly, Broussard’s sentence is
AFFIRMED.
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United States v. Broussard
Combined Opinion