Case: 24-20232 Document: 96-1 Page: 1 Date Filed: 10/29/2025

United States Court of Appeals for the Fifth Circuit United States Court of Appeals ____________ Fifth Circuit FILED No. 24-20232 October 29, 2025 Summary Calendar Lyle W. Cayce ____________ Clerk United States of America, Plaintiff—Appellee, versus Ramon Lara Valencia, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Southern District of Texas USDC No. 4:22-CR-232-8 ______________________________ Before Jones, Duncan, and Douglas, Circuit Judges.

Per Curiam: * Ramon Lara Valencia appeals the sentence imposed following his guilty plea conviction for conspiracy to possess with the intent to distribute grams or more of a mixture or substance containing a detectable amount of methamphetamine. He argues that the district court clearly erred by failing to award him a mitigating role adjustment, pursuant to _____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5.

Case: 24-20232 Document: 96-1 Page: 2 Date Filed: 10/29/2025

No. 24-20232

U.S.S.G. § 3B1.2(b), asserting that he was a minor participant in the conspiracy. Whether a defendant was a minor participant under U.S.S.G § 3B1.2 is a factual determination that we review for clear error.

United States v. Castro, 843 F.3d 608, 612 (5th Cir. 2016). “A factual finding is not clearly erroneous if it is plausible in light of the record read as a whole.” Id. (citation modified).

Here, the record does not indicate that Lara Valencia was “peripheral” to the furtherance of the conspiracy between him and the codefendants engaged in the trafficking activities on November 4, 2021, and November 12, 2021. See United States v. Perez-Solis, 709 F.3d 453, 471 (5th Cir. 2013) (quoting United States v. Martinez-Larraga, 517 F.3d 258, 272 (5th Cir. 2008)). Instead, the record reflects that Lara Valencia delivered and attempted to deliver multiple kilograms of methamphetamine, communicated the delivery locations to his codefendants, and called off a delivery after noticing the presence of law enforcement. Further, the home occupied by Lara Valencia contained a methamphetamine conversion lab, and actual methamphetamine was found in Lara Valencia’s vehicle and residence. Accordingly, in light of the record as a whole, it is plausible that Lara Valencia was not a minor participant in the conspiracy, but rather an average participant. See Castro, 843 F.3d at 612; U.S.S.G. § 3B1.2, cmt. n. 3(C)(i)-(v).

AFFIRMED.