IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-21042
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JORGE LISANDRO GALVEZ-CRUZ,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-01-CR-359-1
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May 8, 2002
Before DAVIS, BENAVIDES, and CLEMENT, Circuit Judges.
PER CURIAM:*
Jorge Lisandro Galvez-Cruz (Galvez) appeals the sentence
imposed following his guilty-plea conviction for harboring
illegal aliens in violation of 8 U.S.C. § 1324. Galvez asserts
that the district court erred by increasing his base offense
level by nine levels pursuant to U.S.S.G. § 2L1.1(b)(2). He
contends that the information in the PSR was speculative and that
the district court erred in relying on this information because
no one had testified before the district court as to these facts.
*
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that this opinion should not be published and is not precedent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. 01-21042
-2-
A defendant who objects to the sentencing court's
consideration of the information in the PSR bears the burden of
proving that the information is “materially untrue, inaccurate or
unreliable.” United States v. Angulo, 927 F.2d 202, 205 (5th
Cir. 1991). Galvez has not met this burden. See United States
v. Parker, 133 F.3d 322, 329 (5th Cir. 1998). Therefore, we
AFFIRM his sentence.
AFFIRMED.
United States v. Galvez-Cruz
Combined Opinion