United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS April 23, 2003
FOR THE FIFTH CIRCUIT
Charles R. Fulbruge III
Clerk
No. 02-50634
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
MONICA CERDA, also known as Monica Lopez,
Defendant-Appellant.
(Consolidated with)
No. 02-50697
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ROBERT LOPEZ,
Defendant-Appellant.
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Appeals from the United States District Court
for the Western District of Texas
USDC No. SA-01-CR-643-2-FB
USDC No. SA-01-CR-643-1
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No. 02-50634
c/w No. 02-50697
-2-
Before HIGGINBOTHAM, SMITH, and CLEMENT, Circuit Judges.
PER CURIAM:*
In this consolidated appeal, Monica Cerda (Cerda) and Robert
Lopez (Lopez) appeal their sentences for aiding and abetting the
commission of mail fraud, in violation of 18 U.S.C. §§ 2, 1341.
They argue that the district court erred in failing to adequately
consider whether their conduct was accounted for in the
Sentencing Guidelines. Specifically, they argue for the first
time on appeal that the district court failed to consider
U.S.S.G. § 2B1.1(b)(7)(A) which provides for an enhancement when
an offense involves “a misrepresentation that the defendant was
acting on behalf of a charitable, educational, religious, or
political organization, or a government agency.” To the extent
that the court departed on the basis of their criminal history,
they argue that the departure was erroneous. Finally, they argue
that the extent of the departure was unreasonable.
We have carefully reviewed the records and find no
reversible error in the district court’s decision to depart
upward or in the extent of the departure. See United States v.
Davenport, 286 F.3d 217, 220 (5th Cir. 2002); United States v.
*
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that this opinion should not be published and is not precedent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. 02-50634
c/w No. 02-50697
-3-
Nevels, 160 F.3d 226, 230 (5th Cir. 1998); United States v. Lara,
975 F.2d 1120, 1126 (5th Cir. 1992). AFFIRMED.