United States v. Narvaez

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 97-20436 Summary Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus MARLON G. NARVAEZ, Defendant-Appellant. ____________________________________________ Appeal from the United States District Court for the Southern District of Texas USDC No. H-96-CR-203 ____________________________________________ July 20, 1998 Before JOLLY, BENAVIDES, and PARKER, Circuit Judges. PER CURIAM:* This appeal is SEVERED from appeal No. 97-20437, United States v. Jorge Enrique Castillo. Marlon G. Narvaez appeals his conviction and sentence for conspiring to possess with intent to distribute cocaine, in violation of 21 U.S.C. § 846, and aiding and abetting his codefendant Castillo and others in the possession of cocaine with * 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 R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. intent to distribute, in violation of 21 U.S.C. § 841(a)(1) and 18 U.S.C. § 2. The evidence was not insufficient as to either count. See United States v. El-Zoubi, 993 F.2d 442, 445 (5th Cir. 1993); United States v. Bermea, 30 F.3d 1539, 1551 (5th Cir. 1994); United States v. Gonzales, 121 F.3d 928, 936 (5th Cir. 1997), cert. denied, 118 S. Ct. 726 (1998). Narvaez’s contention that the district court clearly erred in calculating the amount of cocaine attributable to him for sentencing purposes is without merit. See United States v. Torres, 114 F.3d 520, 527 (5th Cir.), cert. denied, 118 S. Ct. 316 (1997). APPEALS SEVERED; NO. 97-20436 AFFIRMED. 2