IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 02-40436
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
DANIEL RUBALCADA, also known as Armando Trevino,
also known as Jose Manuel,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. L-01-CR-128-ALL
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January 29, 2003
Before DAVIS, WIENER and EMILIO M. GARZA, Circuit Judges.
PER CURIAM:*
Daniel Rubalcada appeals his sentence for possession with
intent to distribute marihuana in violation of 21 U.S.C. § 841(a)
and 21 U.S.C. § 846(b)(1)(D). Rubalcada argues that the district
court erred in giving him an upward adjustment for obstruction of
justice pursuant to U.S.S.G. § 3C1.1, because there was no
evidence that he had willfully failed to appear at his
*
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that this opinion should not be published and is not precedent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. 02-40436
-2-
arraignment and because the district court made no finding of
willfulness.
The district court did not clearly err in adjusting
Rubalcada’s sentence for obstruction of justice, since there is
ample evidence in the record that his failure to appear was
willful. See United States v. Edwards, 303 F.3d 606, 645-46 (5th
Cir. 2002). For example, at sentencing, the district court found
that Rubalcada had absconded and had traveled around the country
to evade law enforcement.
AFFIRMED.