U.S. v. BAUTISTA-MONTELONGO

No. 09-41133.

618 F.3d 464 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Juan Carlos BAUTISTA-MONTELONGO, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

September 3, 2010.


Attorney(s) appearing for the Case

James Lee Turner , Asst. U.S. Atty., Houston, TX, for U.S.

Marjorie A. Meyers , Fed. Pub. Def., H. Michael Sokolow , Asst. Fed. Pub. Def., Houston, TX, for Defendant-Appellant.

Before JOLLY, DeMOSS and DENNIS, Circuit Judges.


E. GRADY JOLLY, Circuit Judge:

A two-count indictment charged the appellant, Juan Carlos Bautista-Montelongo (Bautista) with possession of marijuana with intent to distribute (Count Two) and with an accompanying conspiracy (Count One). Bautista pleaded guilty to Count One. Following sentencing, Bautista appealed the application of a two-level offense enhancement. Finding no error, we AFFIRM.

I.

On March 18, 2009, Texas game wardens saw two fishing...

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