### IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 15

- 40479 Summary Calendar

UNITED STATES OF AMERICA , Plaintiff

- Appellee

v. ALBERTO CHAVEZ

- SUAREZ , Defendant

- Appellant

Appeal s from the United States District Court for the Southern District of Texas USDC No. 7:14

- CR

- 1622

- 5

Before HIGGINBOTHAM, ELROD, and SOUTHWICK, Circuit Judges. PER CURIAM: * Alberto Chavez

- Suarez ple d guilty pursuant to a plea agreement to one count of conspiracy to possess with intent to distribute 100 kilograms or more of marijuana. The district court sentenced Chavez

- Suarez to 60 months of imprisonment and a four

- year term of supervised release. C havez

- Suarez argues that the district court committed reversible error when it found that he

was “Ramon Carrillo Franco , ” the individual convicted of the 2007 California

* Pursuant to 5 TH C IR

. R. 47.5 , the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR

. R. 47.5.4. United States Court of Appeals Fifth Circuit 

### FILED March 23, 2016 Lyle W. Cayce Clerk Case: 15-40479 Document: 00513436127 Page: 1 Date Filed: 03/23/2016No. 15

- 40479

2 offenses listed in the presentence report. He contends that the information contained in the report was nonspecific and unreliable. Chavez

- Suarez asserts this error was not harmless because it rendered him ineligible for the safety valve reduction under U.S.S.G. § 5C1.2. The Government has filed a motion to supplement the record on appea l with documents related to the 2007 California convictions. We review the district court’s application of the Sentencing Guidelines de novo , and we review factual findings for clear error. United States v. Villanueva , 408 F.3d 193, 202

– 03 & n.9 (5th Cir. 2005). Facts used to determine a sentence must be supported “by a preponderance of the relevant and sufficiently reliable evidence.” United States v. Alaniz , 726 F.3d 586, 619 (5th Cir. 2013) . As long as a factual finding is plausible in light of the r ecord as a whole, it is not clearly erroneous and should be upheld. Id . at 618. A presentence report typica lly “ bears sufficient indicia of reliability to be considered as evidenc e by the sentencing judge in making factual determinations. ” United States v. Nava , 624 F.3d 226, 231 (5th Cir. 2010)

. Mere objections to the fa cts in the presentence report do not qualify a s competent rebuttal evidence. Alaniz , 726 F.3d at 619 . The defendant has the burden of presenting evidence to show that the facts in the report are inaccurate or materially untrue. United States v. Cervantes , 706 F. 3 d 603, 620

– 21 (5th Cir. 2013). Chavez

- Suarez has not established that the district court committed clear error when it found that Chavez

- Suarez was the individual convicted of the California offen ses
. See Villanueva , 408 F.3d at 202

- 03 & n.9 . Chavez

Suarez ’s admitted use of the alias “Ramon Carrillo Franco,” his concession to living in Redwood City, and the listing of that alias in the state case establish by a preponderance of the evidence that Chavez

- Suarez committed the Case: 15-40479 Document: 00513436127 Page: 2 Date Filed: 03/23/2016No. 15

- 40479

3 offenses. See Alaniz , 726 F.3d at 619. In addition, the probation officer explained that a search of the National and California Crime Information Center revealed that the Franco alia s had been used by Cha vez - Suarez

. Moreover, the felony complaint and abstract of judgment relied upon by the probation office r have been deemed by us as reliable sources for proving the fact of a prior conviction. See United States v. Gomez

- Alvarez , 781 F.3d 787, 794

– 96 (5th Cir. 2015) ; United States v. Moreno

- Florean , 542 F.3d 445 , 449 n.1 (5th Cir. 2008)

. Moreover, Chavez

- Suarez failed to provide any rebuttal evidence to the information presented in the presentence report . Outside of mere objections to the reliability, accuracy, and prejudicial nature of the information, he did not submit any evidence to contradict the find ings of the probation officer

. These objections alone were insufficient to rebut the information and, thus, the district c ourt was free to rely on th e presentence report and its factual findings therein. See Alaniz , 726 F.3d at 619. In light of the foregoing discussion , the motion to supplement the record on appeal is DENIED, as the records are irrelevant to the issue on appeal. The judgment of the d istrict court is AFFIRMED. Case: 15-40479 Document: 00513436127 Page: 3 Date Filed: 03/23/2016