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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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