[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT FILED
________________________ U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
December 22, 2006
No. 05-13025 THOMAS K. KAHN
________________________ CLERK
D. C. Docket No. 02-00586-CR-8-1
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JESUS ALVEAR URIBE,
a.k.a. Primazo,
Defendant-Appellant.
________________________
Appeal from the United States District Court
for the Northern District of Georgia
_________________________
(December 22, 2006)
Before DUBINA and WILSON, Circuit Judges, and HODGES,* District Judge.
PER CURIAM:
*
Honorable Wm. Terrell Hodges, United States District Judge for the Middle District of
Florida, sitting by designation.
Defendant/Appellant Jesus Alvear Uribe (“Uribe”) appeals his conviction
and sentence for conspiracy to possess cocaine and methamphetamine with the
intent to distribute, in violation of 21 U.S.C. §§ 841(b)(1)(A)(ii), 841(b)(1)(A)(vii),
846, and possession of methamphetamine with the intent to distribute, in violation
of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(A)(viii) and 18 U.S.C. § 2. There are three
issues on appeal: (1) whether the district court committed plain error in admitting
into evidence government-produced English transcripts of Spanish telephone
conversations containing handwritten notations identifying Uribe as a speaker in
violation of Crawford v. Washington, 541 U.S. 36, 124 S. Ct. 1354, 158 L. Ed. 2d
177 (2004); (2) whether the district court abused its discretion in denying Uribe’s
motion for a mistrial when a witness for the government stated on direct
examination that he was reluctant to testify because he feared that someone would
harm his family; and (3) whether the district court erred in attributing to Uribe for
sentencing purposes a quantity of drugs seized at a location where Uribe was never
seen.
After carefully considering the briefs, reviewing the record on appeal, and
hearing oral argument, we find no error on the part of the district court as to any of
these issues. Accordingly, we affirm Uribe’s conviction and sentence.
AFFIRMED.
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