United States v. Arrambides

U.S. Court of Appeals for the Fifth Circuit
United States v. Arrambides, 86 F. App'x 724 (5th Cir. 2004)

United States v. Arrambides

Opinion

PER CURIAM. *

Juan Carlos Arrambides appeals from his sentence following a guilty plea to pos *725 session with intent to distribute in excess of 1000 kilograms of marijuana, in violation of 21 U.S.C. § 841(a)(1). Arrambides argues that the district court erroneously denied him a minor role adjustment pursuant to U.S.S.G. § 3B1.2.

A minor participant in an offense is one “who is less culpable than most other participants, but whose role could not be described as minimal.” U.S.S.G. § 3B1.2, comment, (n.5). After reviewing the record, we conclude that the district court did not clearly err by denying the adjustment because Arrambides was not substantially less culpable than the average participant. See United States v. Garcia, 242 F.3d 593, 598-99 (5th Cir. 2001); United States v. Tremelling, 43 F.3d 148, 153 (5th Cir. 1995).

AFFIRMED.

*

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

Reference

Full Case Name
UNITED STATES of America, Plaintiff-Appellee, v. Juan Carlos ARRAMBIDES, Defendant-Appellant
Status
Unpublished