United States v. Bishop ( 2002 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 02-10426
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
BRIAN DAVID BISHOP,
Defendant-Appellant.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:01-CR-177-4-A
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December 10, 2002
Before HIGGINBOTHAM, SMITH, and CLEMENT, Circuit Judges.
PER CURIAM:*
Brian David Bishop appeals the sentence following his guilty
plea conviction for using and carrying a firearm during and in
relation to a crime of violence in violation of 18 U.S.C.
§§ 924(c)(1)(A)(i) and (2). He argues that the district court
erroneously departed upward by finding by a preponderance of the
evidence that Bishop participated in uncharged robberies. The
district court properly applied the preponderance standard. See
*
Pursuant to 5TH CIR. R. 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that this opinion should not be published and is not precedent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 5TH CIR.
R. 47.5.4.
No. 02-10426
-2-
United States v. Watts, 519 U.S. 148, 157 (1997); United States
v. Patten, 40 F.3d 774, 776 (5th Cir. 1994). Moreover, the
district court did not abuse its discretion in upwardly
departing. See United States v. Ashburn, 38 F.3d 803, 807 (5th
Cir. 1994) (en banc).
AFFIRMED.