United States v. Mattingly

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT __________________ No. 95-31116 Summary Calendar __________________ UNITED STATES OF AMERICA, Plaintiff-Appellee, versus CHARLES D. MATTINGLY, JR., Defendant-Appellant. - - - - - - - - - - Appeal from the United States District Court for the Western District of Louisiana USDC No. 95-CR-50011 - - - - - - - - - - July 30, 1996 Before SMITH, DUHÉ, and BARKSDALE, Circuit Judges. PER CURIAM:* Charles D. Mattingly, Jr., appeals his guilty plea conviction and sentence for wire fraud, in violation of 18 U.S.C. § 1343. Mattingly argues that the district court erred in calculating the amount of loss under U.S.S.G. § 2F1.1(b)(1) and in awarding a two-level enhancement for obstruction of justice under § 3C1.1. * Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4.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. 95-31116 -2- The district court did not err in determining that the intended loss exceeded $10,000. See United States v. Henderson, 19 F.3d 917, 927-28 (5th Cir.), cert. denied, 115 S. Ct. 207 (1994); U.S.S.G. § 2F1.1, comment. (n.7). The district court did not clearly err in awarding a two-level enhancement for obstruction of justice. See U.S.S.G. § 3C1.1, comment. (n.3(c)). AFFIRMED.