USA v. Jesus Alvear Uribe, No. 05-13025 (11th Cir. 2006)
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[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 05-13025 ________________________ FILED U.S. COURT OF APPEALS ELEVENTH CIRCUIT December 22, 2006 THOMAS K. KAHN CLERK D. C. Docket No. 02-00586-CR-8-1 UNITED STATES OF AMERICA, Plaintiff-Appellee, versus JESUS ALVEAR URIBE, a.k.a. Primazo, Defendant-Appellant. ________________________ Appeal from the United States District Court for the Northern District of Georgia _________________________ (December 22, 2006) Before DUBINA and WILSON, Circuit Judges, and HODGES,* District Judge. PER CURIAM: * Honorable Wm. Terrell Hodges, United States District Judge for the Middle District of Florida, sitting by designation. Defendant/Appellant Jesus Alvear Uribe ( Uribe ) appeals his conviction and sentence for conspiracy to possess cocaine and methamphetamine with the intent to distribute, in violation of 21 U.S.C. §§ 841(b)(1)(A)(ii), 841(b)(1)(A)(vii), 846, and possession of methamphetamine with the intent to distribute, in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(A)(viii) and 18 U.S.C. § 2. There are three issues on appeal: (1) whether the district court committed plain error in admitting into evidence government-produced English transcripts of Spanish telephone conversations containing handwritten notations identifying Uribe as a speaker in violation of Crawford v. Washington, 541 U.S. 36, 124 S. Ct. 1354, 158 L. Ed. 2d 177 (2004); (2) whether the district court abused its discretion in denying Uribe s motion for a mistrial when a witness for the government stated on direct examination that he was reluctant to testify because he feared that someone would harm his family; and (3) whether the district court erred in attributing to Uribe for sentencing purposes a quantity of drugs seized at a location where Uribe was never seen. After carefully considering the briefs, reviewing the record on appeal, and hearing oral argument, we find no error on the part of the district court as to any of these issues. Accordingly, we affirm Uribe s conviction and sentence. AFFIRMED. 2
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