United States v. Bolanos
United States v. Bolanos
Opinion of the Court
Jorge Bolanos pleaded guilty to one count of importing less than 50 kilograms of marijuana. The district court imposed a sentence of 37 months of imprisonment.
Bolanos contends that the district court erred by failing to articulate factual findings at sentencing to support its denial of a role adjustment under U.S.S.G. § 3B1.2. The requirement that the district court articulate a sufficient factual basis for the denial of a minor role adjustment can be satisfied through implicit findings, such as when the district court adopts the presentence report. See United States v. Gallardo-Trapero, 185 F.3d 307, 324 (5th Cir. 1999). Because the district court adopted the presentence report in this matter, there was no error. See id.
As an alternative ground for relief, Bola-nos argues that a minor role adjustment was warranted because he was less culpable than other participants in the offense. He maintains that he was eligible for the reduction because he was merely a courier who was controlled by others involved in the drug smuggling operation.
Whether Bolanos was a minor participant is a factual determination that is reviewed for clear error. See United States v. Villanueva, 408 F.3d 193, 203 (5th Cir. 2005). There is no clear error if the factual finding is “plausible in light of the record read as a whole.” Id. The district court’s refusal to grant a § 3B1.2 reduction is entitled to great deference. United States v. Devine, 934 F.2d 1325, 1340 (5th Cir. 1991).
The judgment of the district court is AFFIRMED.
Pursuant to 5th Cut. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.