United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT April 4, 2003
Charles R. Fulbruge III
Clerk
No. 02-20456
Summary Calendar
UNITED STATES OF AMERICA
Plaintiff - Appellee
v.
ENRIQUE GARCES-CARMONA
Defendant - Appellant
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-00-CR-661-1
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Before KING, Chief Judge, and SMITH and DENNIS, Circuit Judges.
PER CURIAM:*
Enrique Garces-Carmona (Garces) appeals his sentence
following his guilty-plea conviction for aiding and abetting the
transportation of illegal aliens. He argues that the district
court erred by denying his motion to present a witness at the
sentencing hearing and by denying a two-level downward adjustment
for acceptance of responsibility.
Prior to sentencing, Garces’ counsel was allowed to question
the witness he sought to question at sentencing. His counsel
*
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that this opinion should not be published and is not precedent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. 02-20456
-2-
admitted at sentencing that the witness had provided the same
information given to the probation officer. This witness was not
the only person who provided information regarding Garces’
relevant conduct, and Garces has not argued that this witness
would have provided further relevant testimony at the sentencing
hearing. Thus, the district court did not abuse its discretion
in denying the motion. See United States v. Henderson, 19 F.3d
917, 927 (5th Cir. 1994).
Garces denied having sexually assaulted aliens who had not
paid their smuggling fees. The district court determined that
Garces had engaged in such conduct and did not clearly err in
denying an adjustment for acceptance of responsibility. See
United States v. Cabrera, 288 F.3d 163, 175-77 (5th Cir. 2002).
AFFIRMED.