United States v. Rios-Ramirez

* 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that this opinion should not be published and is not precedent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
June 24, 2003
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 02-40826
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JOSÉ PABLO RIOS-RAMIREZ,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. M-01-CR-750-1
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Before DeMOSS, DENNIS, and PRADO, Circuit Judges.
PER CURIAM:*
José Pablo Rios-Ramirez appeals his guilty plea conviction
and sentence for importing more than five kilograms of cocaine in
violation of 21 U.S.C. §§ 952 and 960. Rios contends that he was
entitled to a “mitigating role” sentence reduction under U.S.S.G.
§ 3B1.2 because he was a “mere courier.” His role as a courier
does not alone entitle him to a reduction under § 3B1.2, and the
district court did not clearly err by declining to award the
reduction where Rios transported over 30 kilograms of cocaine
into the United States in exchange for a negotiated fee of at

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No. 02-40826
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least $10,000. See United States v. Buenrostro, 868 F.2d 135,
137-38 (5th Cir. 1989).
Rios also contends that the statutes under which he was
convicted are facially unconstitutional under Apprendi v. New
Jersey, 530 U.S. 466 (2000). As Rios acknowledges, his
contention is foreclosed by this court’s precedent, and he raises
the issue solely to preserve it for possible Supreme Court
review. See United States v. Slaughter, 238 F.3d 580, 582 (5th
Cir. 2000), cert. denied, 532 U.S. 1045 (2001).
The district court’s judgment is AFFIRMED.

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