United States v. Howard

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 14, 2003

Charles R. Fulbruge III Clerk No. 02-11100 Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

CHARLES HOWARD,

Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Northern District of Texas USDC No. 3:02-CR-6-3-M --------------------

Before REAVLEY, SMITH and STEWART, Circuit Judges.

PER CURIAM:*

Charles Howard appeals the sentence imposed upon his guilty

plea to conspiracy and possession with intent to distribute more

than 50 kilograms of marijuana, in violation of 21 U.S.C. §§ 846

and 841(a)(1). Howard contends that the district court erred by

finding that he was not entitled to a minimal or minor role

adjustment in his offense level pursuant to U.S.S.G. § 3B1.2.

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 02-11100 -2-

Howard has not shown that the district court clearly erred

in finding that he was not entitled to a lesser-role reduction

because he was only a courier with limited knowledge of the

conspiracy. See United States v. Zuniga, 18 F.3d 1254, 1261

(5th Cir. 1994); United States v. Buenrostro, 868 F.2d 135,

137-38 (5th Cir. 1989). The evidence introduced at sentencing

supports the district court’s determination that Howard was

neither a minimal nor a minor participant in the offenses.

See United States v. Brown, 54 F.3d 234, 241 (5th Cir. 1995).

AFFIRMED.