Opinion
No. 10-40195 Summary Calendar.
November 8, 2010.
James Lee Turner, Assistant U.S. Attorney, U.S. Attorney's Office, Houston, TX, for Plaintiff-Appellee.
Philip Thomas Cowen, I, Esq., Law Office of Philip Cowen, Brownsville, TX, for Defendant-Appellant.
Appeal from the United States District Court for the Southern District of Texas, USDC No. 1:09-CR-862-1.
Before REAVLEY, DENNIS, and CLEMENT, Circuit Judges.
Leonardo Juarez-Torres (Juarez) appeals his guilty plea conviction for aiding and abetting the transportation of an alien within the United States in violation of 8 U.S.C. § 1324(a)(1)(A)(ii) and (a)(1)(A)(v)(II). The district court sentenced Juarez to 60 months of imprisonment and three years of supervised release.
Juarez contends that the district court erred in relying on the hearsay statements of material witnesses to enhance his sentence because he was not afforded an opportunity to confront the witnesses. Juarez's argument is foreclosed by our precedent. See United States v. Beydoun, 469 F.3d 102, 108 (5th Cir. 2006) (citing Crawford v. Washington, 541 U.S. 36, 124 S.Ct. 1354, 158 L.Ed.2d 177 (2004)) (holding that the use of hearsay testimony at sentencing does not violate Crawford).
The judgment of the district court is AFFIRMED.