USA vs. Frias-Rodriguez, (5th Cir. 2004)
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* Pursuant to 5 TH C IR . R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .
R. 47.5.4. United States Court of Appeals Fifth Circuit FILED January 23, 2004 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT
No. 03-50555 Summary Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus JOSE MARCELO FRIAS-RODRIGUEZ, Defendant-Appellant. Appeal from the United States District Court for the Western District of Texas USDC No. P-02-CR-354-ALL Before HIGGINBOTHAM, DAVIS, and PRADO, Circuit Judges.
PER CURIAM: * Jose Marcelo Frias-Rodriguez appeals his sentence imposed following his guilty plea conviction for possession with intent to distribute less than 50 kilograms of marijuana. Frias was sentenced to a term of imprisonment of 18 months to be followed by a three-year term of supervised release.
This court must examine the basis of its jurisdiction on its own motion if necessary. See Mosley v. Cozby , 813 F.2d 659, 660 (5th Cir. 1987). Although FriasÂ’ letter to the court indicated that he was seeking a reduction of his sentence, the other statements in his letter clearly evinced his intent to appeal his sentence. Therefore, the court has jurisdiction to address this appeal. See Stevens v. Heard , 674 F.2d 320, 322-23 (5th Cir. 1982).
Frias argues that the district court clearly erred in refusing his request to reduce his offense level for having a minor role in the offense. He argues that he was merely a courier transporting a relatively small amount of marijuana and that his consent to search his vehicle indicated that he was not a sophisticated drug smuggler. A defendant's offense level may be decreased by two levels if the defendant was a minor participant in an offense.
See U.S.S.G. § 3B1.2. A minor participant is one § 3B1.2, comment. (n.5).
The district court did not clearly err in determining that Frias failed to show that there were any other participants in the offense and thus, that Frias failed to show that he was substantially less culpable than other involved individuals involved in the offense. United States v. Brown , 54 F.3d 234, 241 (5th Cir. 1995). AFFIRMED.
No. 03-50555
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This document cites
- U.S. Court of Appeals for the Fifth Circuit - United States of America, Plaintiff-Appellee, v. Roy Brown, Defendant-Appellant., 54 F.3d 234 (5th Cir. 1995)
- U.S. Court of Appeals for the Fifth Circuit - Marion Ray Mosley, Plaintiff-Appellant, v. Officer M.D. Cozby, Et Al., Defendants-Appellees., 813 F.2d 659 (5th Cir. 1987)
- U.S. Court of Appeals for the Fifth Circuit - L. C. Stevens, Plaintiff-Appellant, v. Jack Heard, Individually and in His Official Capacity as Sheriff of Harris County, Texas, Et Al., Defendants-Appellees. No. 81-2230. Summary Calendar., 674 F.2d 320 (5th Cir. 1982)
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