Summary Calendar UNITED STATES OF AMERICA v. Shawn Michael Rounds

* 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this opinion should not be published and is not precedent except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
April 30, 2007
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 06-40794
Summary Calendar
UNITED STATES OF AMERICA
Plaintiff - Appellee
v.
SHAWN MICHAEL ROUNDS
Defendant - Appellant
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. 5:05-CR-2640-3
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Before KING, HIGGINBOTHAM, and GARZA, Circuit Judges.
PER CURIAM:*
Shawn Michael Rounds pleaded guilty to possession with the
intent to distribute more than 5 kilograms of cocaine, and the
district court sentenced him to 87 months of imprisonment.
Rounds now appeals his sentence, arguing that, because he was
merely a co-driver, the district court erred in finding that he
did not qualify for a downward adjustment for being a minimal or
minor participant in the offense. A defendant’s role in the
offense is a factual determination that this court reviews for

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No. 06-40794
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clear error. United States v. Villanueva, 408 F.3d 193, 203 (5th
Cir. 2005).
The advisory Sentencing Guidelines provide for a reduction
in the base offense level of a “minor” or a “minimal”
participant. U.S.S.G. § 3B1.2. A defendant who is “a courier
without being substantially less culpable than the average
participant” does not qualify for this adjustment. United States
v. Buenrostro, 868 F.2d 135, 138 (5th Cir. 1989); U.S.S.G.
§ 3B1.2, comment. (n.3(A)). In light of the testimony at his
sentencing hearing, Rounds has not shown that the district court
clearly erred in finding that he did not qualify for a downward
adjustment based on his role in the offense. See Buenrostro, 868
F.2d at 138.
AFFIRMED.

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