United States v. Rodriguez

United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS January 30, 2004 FOR THE FIFTH CIRCUIT Charles R. Fulbruge III Clerk No. 03-50598 Summary Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus ROLANDO RODRIGUEZ, MD, also known as Rolando Rodriguez-Samaniego, Defendant-Appellant. -------------------- Appeal from the United States District Court for the Western District of Texas USDC No. P-02-CR-355-1 -------------------- Before KING, Chief Judge, EMILIO M. GARZA and BENAVIDES, Circuit Judges. PER CURIAM:* Rolando Rodriguez pleaded guilty to aiding and abetting the possession of marijuana with intent to distribute. Rodriguez’s offense level was enhanced for obstruction of justice under U.S.S.G. § 3C1.1. Rodriguez appeals the two-level enhancement. The district court’s factual finding of obstruction of justice is plausible in light of the record as a whole. Thus, * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 03-50598 -2- the obstruction finding was not clearly erroneous. See United States. v. Huerta, 182 F.3d 361, 364 (5th Cir. 1999). The judgment of the district court is AFFIRMED.