IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
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No. 95-50298
Summary Calendar
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UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
CARLOS BARRERA HERNANDEZ,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. SA-91-CR-318
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March 22, 1996
Before HIGGINBOTHAM, DUHE’ and EMILIO M. GARZA, Circuit Judges.
PER CURIAM:*
Carlos Barrera Hernandez appeals from the sentence imposed
at resentencing for his conviction for conspiracy to possess with
intent to distribute cocaine. Our review of the record and the
arguments and authorities convince us that no reversible error
was committed. Hernandez did not object to the district court's
application of U.S.S.G. § 5G1.3(b); consequently, there was no
factual development of the issue at resentencing. Hernandez has
not demonstrated an error that is plain. See United States v.
*
Pursuant to Local Rule 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that this opinion should not be published and is not precedent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 Local Rule
47.5.4.
No. 95-50298
-2-
Calverley, 37 F.3d 160, 162-64 (5th Cir. 1994) (en banc), cert.
denied, 115 S. Ct. 1266 (1995); United States v. Lopez, 923 F.2d
47, 50 (5th Cir.), cert. denied, 500 U.S. 924 (1991). The
district court's findings concerning the quantity of drugs
involved in the offense are not clearly erroneous. See United
States v. Mergerson, 4 F.3d 337, 345 (5th Cir. 1993), cert.
denied, 114 S.Ct. 1310 (1994). The increase of two levels under
§ 2D1.1(b)(1) for possession of a weapon during the commission of
a the offense had no effect on Hernandez's statutorily minimum
sentence. See United States v. Cabral-Castilo, 35 F.3d 182, 188
(5th Cir. 1994), cert. denied, 115 S. Ct. 1157 (1995). The
motion to take judicial notice is DENIED.
AFFIRMED.