USA vs. Lopez-Milian, (5th Cir. 1997)
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* Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4. UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT
No. 96-50656 Summary Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus BENITO LOPEZ-MILIAN, Defendant-Appellant. Appeal from the United States District Court for the Western District of Texas (EP-96-CR-219-3) March 26, 1997 Before SMITH, DUHÉ, and BARKSDALE, Circuit Judges.
PER CURIAM: * Benito Lopez-Milian appeals his conviction and sentence for conspi racy to possess with intent to distribute marijuana. The testimony of appellantÂ’s co-conspirator, which was corroborated by the testimony of the Customs Agents as well as by circumstantial evidence, wa s sufficient to support the conviction. S ee United States v. Greenwood , 974 F.2d 1449, 1457 (5th Cir. 1992), cert. denied ,
Appellant contends that the district court should have granted him a two-point reduction in his offense level on the basis that he was a minor participant in the conspiracy. Although the district court’s denial of appellant’s objection did not contain a recitation of the factual basis for its denial, the findings in the presentence investigation report were clear enough that this court was not left to “second guess” the basis for that sentencing decision. S ee United States v. Carreo n , 11 F.3d 1225, 1231 (5th Cir. 1994). The record supports the district court’s conclusion that appellant was just as culpable as the other participants.
There is no clear error in the decision not to award the reduction.
See United States v. Davis , 19 F.3d 166, 172 (5th Cir. 1994).
AFFIRMED
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This document cites
- U.S. Court of Appeals for the Fifth Circuit - United States of America, Plaintiff-Appellee, v. Octavio Carreon, and Armando Melendez, Defendants-Appellants., 11 F.3d 1225 (5th Cir. 1994)
- U.S. Court of Appeals for the Fifth Circuit - United States of America, Plaintiff-Appellee, v. Richard Davis, Sr., Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Jim Lewis and Joey Gray, Defendants-Appellants., 19 F.3d 166 (5th Cir. 1994)
- U.S. Court of Appeals for the Fifth Circuit - United States of America, Plaintiff-Appellee, Cross-Appellant, v. Michael Merrill Greenwood, Lucy Mason Crain, A/K/a Maggie Lou Crain, A/K/a Miss Lucy, Doyle D. Oliver and J.W. Myers, Defendants-Appellants Cross-Appellees, and Steve Ellis and Robert Raul Estrada, Defendants-Appellants., 974 F.2d 1449 (5th Cir. 1992)
- U.S. Court of Appeals for the Fifth Circuit - United States of America, Plaintiff-Appellee, v. Jose Angel Diaz-Carreon, Defendant-Appellant., 915 F.2d 951 (5th Cir. 1990)
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