United States v. Polanco-Ballesteros
Opinion
Gonzalo Polanco-Ballesteros appeals his sentences following his guilty plea convictions for importation of marijuana and possession with intent to distribute marijuana. He argues that the district court clearly erred in finding that he was not a minor participant under U.S.S.G. § 3B 1.2(b). He further argues that, as a result of the district court’s error, a presumption of reasonableness does not apply to his sentence and his case must be remanded for resentencing. The district court’s finding that *371 Polanco-Ballesteros was not a minor participant was plausible in light of the record as a whole and, thus, not clearly erroneous. See United States v. Villanueva, 408 F.3d 193, 203-04 (5th Cir. 2005).
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Pursuant to 5th Cir R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir R. 47.5.4.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. Gonzalo POLANCO-BALLESTEROS, Defendant-Appellant
- Status
- Unpublished