United States v. Arrambides

* 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that this opinion should not be published and is not precedent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.
United States Court of Appeals
Fifth Circuit
F I L E D
February 5, 2004
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 03-40480
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JUAN CARLOS ARRAMBIDES,
Defendant-Appellant.
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Appeals from the United States District Court
for the Southern District of Texas
USDC No. L-02-CR-1481-2
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Before JONES, BENAVIDES, and CLEMENT, Circuit Judges.
PER CURIAM:*
Juan Carlos Arrambides appeals from his sentence following a
guilty plea to possession with intent to distribute in excess of
1000 kilograms of marijuana, in violation of 21 U.S.C.
§ 841(a)(1). Arrambides argues that the district court
erroneously denied him a minor role adjustment pursuant to
U.S.S.G. § 3B1.2.

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No. 03-40480
-2-
A minor participant in an offense is one "who is less
culpable than most other participants, but whose role could not
be described as minimal." U.S.S.G. § 3B1.2, comment. (n.5).
After reviewing the record, we conclude that the district court
did not clearly err by denying the adjustment because Arrambides
was not substantially less culpable than the average participant.
See United States v. Garcia, 242 F.3d 593, 598-99 (5th Cir.
2001); United States v. Tremelling, 43 F.3d 148, 153 (5th Cir.
1995).
AFFIRMED.

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