United States v. Wilkins , 283 F. App'x 197 ( 2008 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
June 19, 2008
No. 07-50865
Conference Calendar Charles R. Fulbruge III
Clerk
UNITED STATES OF AMERICA
Plaintiff-Appellee
v.
EDDY WILKINS
Defendant-Appellant
Appeal from the United States District Court
for the Western District of Texas
USDC No. 3:07-CR-233-ALL
Before JONES, Chief Judge, and JOLLY and DENNIS, Circuit Judges.
PER CURIAM:*
Eddy Wilkins appeals his sentence following his guilty plea conviction of
importation of marijuana and possession with intent to distribute marijuana.
Wilkins argues that the district court clearly erred in denying him a two-level
minor role adjustment under U.S.S.G. § 3B1.2. He contends that the adjustment
was warranted because he was a mere courier who was less culpable than other
participants in the offense.
*
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should not be published and is not precedent except under the limited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. 07-50865
Whether a defendant is a minor or minimal participant is a factual
determination that is reviewed for clear error. United States v. Villanueva, 408
F.3d 193, 203 & n.9 (5th Cir. 2005). Pursuant to § 3B1.2, a district court may
decrease a defendant’s offense level by two levels if the defendant was a minor
participant. An adjustment for a minor role applies to a defendant “who is less
culpable than most other participants, but whose role could not be described as
minimal.” § 3B1.2, comment. (n.5).
The district court did not clearly err in denying Wilkins a minor role
adjustment. See United States v. Atanda, 60 F.3d 196, 199 (5th Cir. 1995);
United States v. Nevarez-Arreola, 885 F.2d 243, 245 (5th Cir. 1989); United
States v. Buenrostro, 868 F.2d 135, 138 (5th Cir. 1989).
Accordingly, the judgment of the district court is AFFIRMED.
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