United States v. Wilson Dario Mira-Londono ( 2005 )


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  •                                                          [DO NOT PUBLISH]
    IN THE UNITED STATES COURT OF APPEALS
    FOR THE ELEVENTH CIRCUIT          FILED
    ________________________ U.S. COURT OF APPEALS
    ELEVENTH CIRCUIT
    No. 04-14553                      May 19, 2005
    THOMAS K. KAHN
    Non-Argument Calendar
    CLERK
    ________________________
    D. C. Docket No. 04-20194-CR-JAL
    UNITED STATES OF AMERICA,
    Plaintiff-Appellee,
    versus
    WILSON DARIO MIRA-LONDONO,
    Defendant-Appellant.
    ________________________
    Appeal from the United States District Court
    for the Southern District of Florida
    _________________________
    (May 19, 2005)
    Before TJOFLAT, DUBINA and BARKETT, Circuit Judges.
    PER CURIAM:
    Wilson Dario Mira-Londono appeals his 58-month sentence for importation
    of 100 grams of more of heroin, in violation of 
    21 U.S.C. §§ 952
    (a) and 960(b)(2).
    On appeal, Mira-Londono argues that he should have been given a two-level
    minor-role reduction pursuant to U.S.S.G. § 3B1.2, contending that, as a courier,
    he played a minor role relative to other participants in the drug-smuggling
    conspiracy.
    In his initial brief, Mira-Londono also raised a challenge to his sentence
    based on Blakely v. Washington, 542 U.S. __, 
    124 S.Ct. 2531
    , 
    159 L.Ed.2d 403
    (2004). In his reply brief, however, Mira-Londono expressly withdrew that issue
    from our consideration. Therefore, we express no opinion on the merits of that
    claim, and we do not consider the application of United States v. Booker, 
    125 S.Ct. 738
     (2005), to this appeal. See United States v. Lebovitz, 
    401 F.3d 1263
    , 1265 n.1
    (11th Cir. 2005). We otherwise find no reversible error.
    AFFIRMED.
    2
    

Document Info

Docket Number: 04-14553

Filed Date: 5/19/2005

Precedential Status: Non-Precedential

Modified Date: 12/21/2014