United States v. Leonardo Juarez-Torres

Case: 10-40195 Document: 00511287059 Page: 1 Date Filed: 11/08/2010 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED November 8, 2010 No. 10-40195 Summary Calendar Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. LEONARDO JUAREZ-TORRES, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 1:09-CR-862-1 Before REAVLEY, DENNIS, and CLEMENT, Circuit Judges. PER CURIAM:* Leonardo Juarez-Torres (Juarez) appeals his guilty plea conviction for aiding and abetting the transportation of an alien within the United States in violation of 8 U.S.C. § 1324(a)(1)(A)(ii) and (a)(1)(A)(v)(II). The district court sentenced Juarez to 60 months of imprisonment and three years of supervised release. Juarez contends that the district court erred in relying on the hearsay statements of material witnesses to enhance his sentence because he was not * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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. Case: 10-40195 Document: 00511287059 Page: 2 Date Filed: 11/08/2010 No. 10-40195 afforded an opportunity to confront the witnesses. Juarez’s argument is foreclosed by our precedent. See United States v. Beydoun, 469 F.3d 102, 108 (5th Cir. 2006) (citing Crawford v. Washington, 541 U.S. 36 (2004)) (holding that the use of hearsay testimony at sentencing does not violate Crawford). The judgment of the district court is AFFIRMED. 2