United States v. Loya-Bonilla

* 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this opinion should not be published and is not precedent except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
March 13, 2006
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 05-51062
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JAIME LOYA-BONILLA,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Western District of Texas
USDC No. 4:05-CR-6-ALL
--------------------
Before JOLLY, DAVIS, and OWEN, Circuit Judges.
PER CURIAM:*
Jaime Loya-Bonilla appeals his sentence for one count of
aiding and abetting the possession with intent to distribute less
than 50 kilograms of marijuana. Loya-Bonilla argues that the
district court clearly erred in denying him a minor role
adjustment pursuant to U.S.S.G. § 3B1.2.
Section 3B1.2 provides for a two-point reduction in the
offense level if the defendant was a minor participant. See
§ 3B1.2. A “minor participant” is defined as one who is

-- 1 of 2 --

No. 05-51062
-2-
substantially “less culpable than most other participants, but
whose role could not be described as minimal.” See § 3B1.2,
comment. (n.5). As Loya-Bonilla was responsible for recruiting
the supplier of the marijuana and transporting it into the United
States, his role in the offense cannot be said to have been
“peripheral to the advancement of the illicit activity.” See
United States v. Thomas, 932 F.2d 1085, 1092 (5th Cir. 1991).
Accordingly, the district court did not clearly err in refusing
to adjust Loya-Bonilla’s offense level under § 3B1.2. See United
States v. Villanueva, 408 F.3d 193, 203 & n.9 (5th Cir.), cert.
denied, 126 S. Ct. 268 (2005).
AFFIRMED.

-- 2 of 2 --