United States v. Perez , 111 F. App'x 315 ( 2004 )

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT October 20, 2004
Charles R. Fulbruge III
Clerk
No. 03-40809
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
RAY PEREZ,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. 7:00-CR-439-7
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Before JOLLY, JONES, and WIENER, Circuit Judges.
PER CURIAM:*
Ray Perez appeals the sentence following his guilty-plea
conviction for possessing 470 kilograms of cocaine with the
intent to distribute. He contends that the district court should
have awarded him a two-level reduction under U.S.S.G. § 3B1.2(b).
He has not established that the district court clearly erred in
denying the reduction because he has not shown that he was
“substantially less culpable than the average participant.”
*
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this opinion should not be published and is not precedent except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. 03-40809
-2-
United States v. Lokey, 945 F.2d 825, 840 (5th Cir. 1991); United
States v. Gallegos, 868 F.2d 711, 713 (5th Cir. 1989).
Perez also complains about the district court’s
consideration of the Government’s motion for a downward departure
based upon Perez’s substantial assistance, pursuant to U.S.S.G.
§ 5K1.1. To the extent Perez asserts that he was not awarded a
departure, he is incorrect. To the extent that Perez is arguing
that the 55-month reduction he received was insufficient, he has
not established that the district court abused its discretion in
the extent of the departure. See United States v. Bell, 371 F.3d
239, 243 (5th Cir. 2004), cert. denied (U.S. Oct. 4, 2004)
(No. 04-5954). The judgment of the district court is therefore
AFFIRMED.