U.S. Court of Appeals for the Fifth Circuit, 2008

United States v. McGensy

United States v. McGensy
U.S. Court of Appeals for the Fifth Circuit · Decided April 15, 2008 · Prado, Owen, Southwick
274 F. App'x 354

United States v. McGensy

Opinion

PER CURIAM: *

Reco Damon McGensy was convicted of two counts of transporting illegal aliens within the United States for financial gain and was sentenced to serve 30 months in prison. McGensy argues on appeal that he was entitled to a two-level reduction pursuant to U.S.S.G. § 3B1.2(b) based upon his role in the offense. McGensy contends that he was significantly less culpable than other participants because he was not the owner or driver of the tractor- *355 trailer in which the aliens were found and because his mental state constituted an impediment to his ability to reason or take a leadership role in the offense. The evidence presented at trial and in the presen-tence report indicated that McGensy may have participated in the decision to transport the aliens, that he concealed the aliens, and that he gave the aliens advice to facilitate their concealment. Accordingly, the district court’s finding that McGen-sy was not entitled to this minor-role adjustment is plausible in light of the record as a whole. See United States v. Villa-nueva, 408 F.3d 193, 203 & n. 9 (5th Cir. 2005). Because McGensy has shown no error in the district court’s judgment, that judgment is 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Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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