United States v. Staples

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 98-10784 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus RONALD STAPLES, Defendant-Appellant. - - - - - - - - - - Appeal from the United States District Court for the Northern District of Texas USDC No. 4:91-CR-001-8-A - - - - - - - - - - February 10, 1999 Before BARKSDALE and EMILIO M. GARZA, Circuit Judges.* PER CURIAM:** Ronald Staples appeals the district court’s sentence following his conviction for conspiracy and making fraudulent declarations to the Immigration and Naturalization Service. He argues that the court abused its discretion when it departed upward and sentenced him to 33 months of imprisonment. He also argues that the court erred by assessing him a leadership role in the conspiracy. * This matter is being decided by a quorum. 28 U.S.C. § 46(d). ** 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 98-10784 -2- We have reviewed the record and the briefs of the parties and find no reversible error. Accordingly, we AFFIRM. AFFIRMED.