IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 02-50484
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
LUIS SAMAYOA-CASTILLO,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. EP-01-CR-1851-ALL-DB
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January 23, 2003
Before BARKSDALE, DEMOSS, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Luis Samayoa-Castillo (Samayoa) appeals the sentence imposed
by the district court following his guilty-plea conviction for
illegal reentry of a removed alien. He argues that the district
court erred in increasing his offense level based upon prior
convictions and obstruction of justice.
The district court's application of the sentencing
guidelines is reviewed de novo, and its findings of fact,
including a finding of obstruction of justice, are reviewed for
*
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that this opinion should not be published and is not precedent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. 02-50484
-2-
clear error. United States v. Huerta, 182 F.3d 361, 364 (5th
Cir. 1999). “As long as a factual finding is plausible in light
of the record as a whole, it is not clearly erroneous.” Id. A
defendant challenging the findings in the PSR “must demonstrate
that the information contained in the PSR is materially untrue,
inaccurate or unreliable." Id. (internal quotation marks and
citation omitted).
Samayoa’s self-serving denial that he committed three of
the five crimes listed in the Presentence Investigative Report is
not sufficient to rebut the evidence adduced by the Government at
his sentencing hearing. See United States v. Londono, 285 F.3d
348, 355 (5th Cir. 2002). The testimony also showed the Samayoa
had lied about his place of birth.
Therefore, the district court’s factual findings that
Samayoa was the same person who was convicted of the prior five
crimes and the instant crime and that he had lied about the prior
convictions and his place of birth were “plausible in light of
the record as a whole [and were] not clearly erroneous.” Huerta,
182 F.3d at 364. The district court did not err in enhancing
Samayoa’s sentence based upon his prior convictions and
obstruction of justice. Accordingly, Samayoa’s sentence is
hereby AFFIRMED.