IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 98-40862
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
SALVADOR CONTRERAS PINEDA,
Defendant-Appellant.
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Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 4:98-CR-3-1
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April 19, 1999
Before JONES, SMITH, and DUHÉ, Circuit Judges.
PER CURIAM:*
Salvador Contreras Pineda appeals his sentence following his
guilty plea to two counts of possession of black-tar heroin with
intent to distribute, a violation of 21 U.S.C. § 841(b)(1). He
argues that the district court erred in enhancing his offense
level by two levels under U.S.S.G. § 2D1.1(b)(1) for possession
of a weapon. The uncontradicted information in Pineda’s
Presentence Report (“PSR”) showed that hundreds of grams of both
cocaine and heroin were found along with several loaded weapons
*
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that this opinion should not be published and is not precedent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. 98-40862
-2-
in the house where Pineda lived with his brother, who was a
codefendant, and others. See U.S.S.G. § 6A1.3 (“court may
consider relevant information without regard to its admissibility
under the rules of evidence applicable at trial”); United States
v. Fitzgerald, 89 F.3d 218, 223 (5th Cir. 1996) (PSR information
generally bears “sufficient indicia of reliability” to be
considered at sentencing for making factual determinations under
the Sentencing Guidelines). The district court did not err in
implicitly determining that it was not “clearly improbable” that
these guns were “connected” to Pineda’s offense. See § 2D1.1,
comment. (n.3); United States v. Cortinas, 142 F.3d 242, 250 (5th
Cir.), cert. denied, 119 S. Ct. 224 and 119 S. Ct. 573 (1998);
United States v. Vasquez, 161 F.3d 909, 912 (5th Cir. 1998).
AFFIRMED.