United States v. Bolen

Opinion

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

_____________________

No. 96-21090 Summary Calendar _____________________

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

WALTER PATRICK BOLEN,

Defendant-Appellant. _________________________________________________________________

Appeal from the United States District Court for the Southern District of Texas USDC No. 96-CR-57-3 _________________________________________________________________ September 24, 1997 Before JOLLY, BENAVIDES, and PARKER, Circuit Judges.

PER CURIAM:*

Walter Patrick Bolen appeals the 18-month sentence imposed by

the district court following the acceptance of his guilty plea for

aiding and abetting the interstate transportation of stolen goods.

Bolen argues that the district court clearly erred in not finding

that he was a minor participant in the conspiracy and reducing his

offense level accordingly under § 3B1.2 of the U.S. Sentencing

Guidelines. Because Bolen was held responsible for only the amount

of loss attributable to him, § 3B1.2 does not require a reduction

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. in his base offense level even though his activity in the overall

conspiracy may have been minor. United States v. Atanda, 60 F.3d

196, 199 (5th Cir. 1995).

A F F I R M E D.

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