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U.S. v. ARCE

No. 96-20983.

118 F.3d 335 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. Jose Luis ARCE, Dr., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

July 18, 1997.

Attorney(s) appearing for the Case

James Lee Turner, Paula Camille Offenhauser, Assistant U.S. Attorney, Houston, TX, Silvija Anna Strikis, U.S. Department of Justice, Washington, DC, for Plaintiff-Appellee.

Roland E. Dahlin, II, Federal Public Defender, George D. Murphy, Jr., Brent Evan Newton, Houston, TX, for Defendant-Appellant.

Before KING, DAVIS and DeMOSS, Circuit Judges.

KING, Circuit Judge:

Dr. Jose Luis Arce pleaded guilty to several counts regarding possessing, transferring, and manufacturing illegal weapons. At sentencing, the district court departed upward five levels based on three factors. On appeal, Arce challenges the constitutionality of some of the statutory provisions under which he was convicted and subsequently sentenced. He also claims that the district court abused its discretion by upwardly departing. We affirm Arce...

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