United States v. Rivera

Opinion

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 96-20802 Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

MARTHA C. RIVERA,

Defendant-Appellant.

- - - - - - - - - - Appeal from the United States District Court for the Southern District of Texas USDC No. 96-CR-97-2 - - - - - - - - - - February 5, 1997 Before SMITH, DUHÉ, and BARKSDALE, Circuit Judges.

PER CURIAM:*

Martha C. Rivera argues that the district court clearly

erred in refusing to reduce her offense level under U.S.S.G.

§ 3B1.2 based on her minor role in the offense.

We have reviewed the record, including the presentence

report, the briefs, and the transcript of the sentencing hearing,

and find that the district court did not clearly err in refusing

* Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4. No. 96-20802 - 2 -

to make an adjustment for Rivera’s role in the offense. Rivera

is not entitled to the adjustment merely because she may have

been less culpable than her co-defendant in the case. See United

States v. Morris, 46 F.3d 410, 426 (5th Cir.), cert. denied, 115

S. Ct. 2595 (1995).

Rivera’s argument that she is entitled to a reduction under

§ 3B1.2 because she meets the criteria of § 5C1.2 is unsupported.

AFFIRMED.