United States v. Reynaldo Gonzales

U.S. Court of Appeals for the Fifth Circuit
United States v. Reynaldo Gonzales, 406 F. App'x 935 (5th Cir. 2011)

United States v. Reynaldo Gonzales

Opinion

PER CURIAM: *

Reynaldo Gonzales appeals his 57-month sentence imposed following his guilty plea conviction for possession with intent to distribute marijuana. He argues that the district court erred by denying him a mitigating role adjustment.

The district court did not clearly err in denying the mitigating role adjustment. See United States v. Villanueva, 408 F.3d 193, 203 n. 9 (5th Cir. 2005). Gonzales arranged for a driver to transport marijuana and remained in contact with the driver while he transported it. After the load was allegedly seized, Gonzales requested proof of the seizure. Thus, it cannot be said that Gonzales’s involvement in the offense was peripheral to the advancement of the illicit activity. See id. at 204. Accordingly, the judgment of the district court 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Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

Reference

Full Case Name
UNITED STATES of America, Plaintiff-Appellee v. Reynaldo GONZALES, Defendant-Appellant
Status
Unpublished