United States v. Rounds , 225 F. App'x 316 ( 2007 )


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  •                                                        United States Court of Appeals
    Fifth Circuit
    F I L E D
    IN THE UNITED STATES COURT OF APPEALS
    FOR THE FIFTH CIRCUIT                  April 30, 2007
    Charles R. Fulbruge III
    Clerk
    No. 06-40794
    Summary Calendar
    UNITED STATES OF AMERICA
    Plaintiff - Appellee
    v.
    SHAWN MICHAEL ROUNDS
    Defendant - Appellant
    --------------------
    Appeal from the United States District Court
    for the Southern District of Texas
    USDC No. 5:05-CR-2640-3
    --------------------
    Before KING, HIGGINBOTHAM, and GARZA, Circuit Judges.
    PER CURIAM:*
    Shawn Michael Rounds pleaded guilty to possession with the
    intent to distribute more than 5 kilograms of cocaine, and the
    district court sentenced him to 87 months of imprisonment.
    Rounds now appeals his sentence, arguing that, because he was
    merely a co-driver, the district court erred in finding that he
    did not qualify for a downward adjustment for being a minimal or
    minor participant in the offense.    A defendant’s role in the
    offense is a factual determination that this court reviews for
    *
    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    this opinion should not be published and is not precedent except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. 06-40794
    -2-
    clear error.     United States v. Villanueva, 
    408 F.3d 193
    , 203 (5th
    Cir. 2005).
    The advisory Sentencing Guidelines provide for a reduction
    in the base offense level of a “minor” or a “minimal”
    participant.     U.S.S.G. § 3B1.2.   A defendant who is “a courier
    without being substantially less culpable than the average
    participant” does not qualify for this adjustment.      United States
    v. Buenrostro, 
    868 F.2d 135
    , 138 (5th Cir. 1989); U.S.S.G.
    § 3B1.2, comment. (n.3(A)).     In light of the testimony at his
    sentencing hearing, Rounds has not shown that the district court
    clearly erred in finding that he did not qualify for a downward
    adjustment based on his role in the offense.      See Buenrostro, 
    868 F.2d at 138
    .
    AFFIRMED.
    

Document Info

Docket Number: 06-40794

Citation Numbers: 225 F. App'x 316

Judges: Garza, Higginbotham, King, Per Curiam

Filed Date: 4/30/2007

Precedential Status: Non-Precedential

Modified Date: 8/2/2023