United States v. Armendariz

Opinion

United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT April 4, 2003

Charles R. Fulbruge III Clerk No. 02-51102 Summary Calendar

UNITED STATES OF AMERICA

Plaintiff - Appellee

v.

AIDA ARMENDARIZ

Defendant - Appellant

- - - - - - - - - - Appeal from the United States District Court for the Western District of Texas USDC No. EP-02-CR-796-ALL-PRM - - - - - - - - - -

Before KING, Chief Judge, and DeMOSS and BENAVIDES, Circuit Judges.

PER CURIAM:*

Aida Armendariz appeals her guilty-plea conviction for

importation of 50 kilograms or more of marijuana and possession

with the intent to distribute that same amount. She argues that

the district court clearly erred in refusing to award a two-level

reduction in her guideline range on the basis that she was a

minor participant in the offense. See U.S.S.G. § 3B1.1.

Armendariz also avers that the district court failed to make

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 02-51102 -2-

sufficient factual findings with regard to this issue so as to

allow this court to properly review the issue.

The district court was not required to state its reasons for

denying the reduction because it expressly adopted the findings

and conclusions of the presentence report. See United States

v. Gallardo-Trapero, 185 F.3d 307, 323-24 (5th Cir. 1999).

Because Armendariz failed to prove her minor role by a

preponderance of the evidence, the district court did not clearly

err by denying the adjustment. See United States v. Brown, 54

F.3d 234, 241 (5th Cir. 1995); United States v. Edwards, 65 F.3d

430, 432 (5th Cir. 1995). It is clear from the record that

Armendariz was not substantially less culpable than the average

participant in the offense and that her role was not peripheral

to the advancement of the illicit activity. See Brown, 54 F.3d

241; United States v. Miranda, 248 F.3d 434, 446-47 (5th Cir.

2001).

AFFIRMED.