United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT February 18, 2004
Charles R. Fulbruge III
Clerk
No. 03-50338
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
GASPAR SARDANETA MARTINEZ,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. W-02-CR-151-2
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Before HIGGINBOTHAM, EMILIO M. GARZA, and PRADO, Circuit Judges.
PER CURIAM:*
Gaspar Sardaneta Martinez (Martinez) appeals his sentence
following his guilty plea conviction for conspiracy to possess
with the intent to distribute methamphetamine, cocaine, and
amphetamine. Martinez argues that the district court clearly
erred in overruling his objection to the presentence report’s
(PSR) drug-quantity findings. Specifically, Martinez challenges
as unreliable case agent David Evans’s sentencing-hearing
*
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that this opinion should not be published and is not precedent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. 03-50338
-2-
testimony relating to information he obtained from a confidential
informant (CI).
Even without consideration of the information obtained from
the CI, the district court’s drug-quantity findings remain
plausible in light of the record as a whole. See United States
v. Puig-Infante, 19 F.3d 929, 942 (5th Cir. 1994); United States
v. Shipley, 963 F.2d 56, 58 (5th Cir. 1992). Accordingly, the
district court did not clearly err in overruling Martinez’s
objection to the PSR’s drug-quantity calculation. See United
States v. Ponce, 917 F.2d 841, 842 (5th Cir. 1990).
AFFIRMED.