United States v. Anzaldua

Opinion

United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT July 23, 2007

Charles R. Fulbruge III Clerk No. 06-41025 Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

v.

FELIPE ANZALDUA,

Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. 7:06-CR-4-1 --------------------

Before HIGGINBOTHAM, STEWART, and OWEN, Circuit Judges.

PER CURIAM:*

Felipe Anzaldua appeals the sentence imposed following his

guilty-plea conviction of possessing with the intent to distribute

approximately 38 kilograms of marijuana. He argues that the

district court clearly erred in denying him a minor-role adjustment

pursuant to U.S.S.G. § 3B1.2.

The district court’s finding that Anzaldua was not a minor

participant in his offense of conviction is plausible in light of

the record as a whole and, thus, is not clearly erroneous.

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. No. 06-41025 -2-

See United States v. Villanueva, 408 F.3d 193, 203-04 (5th Cir.),

cert. denied, 126 S. Ct. 268 (2005).

AFFIRMED.