United States v. Salazar , 260 F. App'x 746 ( 2008 )


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  •            IN THE UNITED STATES COURT OF APPEALS
    FOR THE FIFTH CIRCUIT United States Court of Appeals
    Fifth Circuit
    FILED
    January 2, 2008
    No. 06-41350
    Summary Calendar                   Charles R. Fulbruge III
    Clerk
    UNITED STATES OF AMERICA
    Plaintiff-Appellee
    v.
    JORGE LUIS SALAZAR
    Defendant-Appellant
    Appeal from the United States District Court
    for the Southern District of Texas
    USDC No. 5:05-CR-1978-2
    Before WIENER, GARZA, and BENAVIDES, Circuit Judges.
    PER CURIAM:*
    Defendant-Appellant Jorge Luis Salazar appeals the sentence imposed
    following his guilty-plea conviction for conspiracy to possess with intent to
    distribute 500 grams or more of cocaine and 100 kilograms or more of marijuana,
    in violation of 21 U.S.C. §§ 846, 841(a)(1) and (b)(1)(B), and possession of a
    firearm in furtherance of a drug trafficking offense, in violation of 18 U.S.C. §§
    924(c) and 2. Salazar contends that the district court clearly erred in denying
    him a minor role adjustment to his offense level.
    *
    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 R. 47.5, the court has determined that this opinion should not
    be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 06-41350
    The record demonstrates that Salazar not only took care of the house
    where the drugs and firearms were kept, but also assisted others in weighing
    and packaging the drugs for distribution. Even though Salazar’s role might have
    been only one part of the distribution scheme, his participation was clearly
    “coextensive with the conduct for which he was held accountable,” United States
    v. Garcia, 
    242 F.3d 593
    , 598-99 (5th Cir. 2001), and not merely peripheral to the
    advancement of the illicit activity, United States v. Miranda, 
    248 F.3d 434
    ,
    446-47 (5th Cir. 2001).
    Salazar’s conviction and sentence are
    AFFIRMED.
    2
    

Document Info

Docket Number: 06-41350

Citation Numbers: 260 F. App'x 746

Judges: Benavides, Garza, Per Curiam, Wiener

Filed Date: 1/2/2008

Precedential Status: Non-Precedential

Modified Date: 8/2/2023