IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 97-20551
Summary Calendar
UNITES STATES OF AMERICA,
Plaintiff-Appellee,
versus
MARK ANTHONY MARTIN,
also known as Beau Charles
Martin,
Defendant-Appellant.
- - - - - - - - - -
Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-94-CR-143-4
- - - - - - - - - -
July 6, 1998
Before JONES, SMITH and STEWART, Circuit Judges.
PER CURIAM:*
Mark Anthony Martin argues that the district court erred in
enhancing his offense level based on his obstruction of justice.
Martin also argues that he is entitled to be resentenced to
determine whether he is entitled to have his offense level
adjusted under U.S.S.G. § 2D1.1(b)(6).**
*
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that this opinion should not be published and is not precedent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.
**
This provision, when it became effective in November 1,
1995, was contained in § 2D1.1(b)(4).
No. 97-20551
-2-
We have reviewed the record, including the briefs of the
parties, and affirm the sentence imposed by the district court.
Martin, personally and through his counsel, misrepresented his
identity and his prior arrest history to the magistrate judge.
Therefore, the district court did not clearly err in enhancing
Martin’s offense level for the obstruction of justice under
§ 3C1.1. See § 3C1.1, comment. (n.3(f)). Martin is not entitled
to have the case remanded for a determination of the effect, if
any, of § 2D1.1(b)(6) on his sentence. See United States v.
Flores-Ochoa, No. 97-11393, 1998 WL 197668 (5th Cir. Apr. 24,
1998).
AFFIRMED.