United States v. Palacios-Dimaz ( 2001 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-41489
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
VICTOR MANUEL PALACIOS-DIMAZ,
Defendant-Appellant.
_______________________________________
Appeal from the United States District Court
for the Southern District of Texas
USDC No. M-00-CR-380-1
______________________________________
October 18, 2001
Before POLITZ, STEWART, and DENNIS, Circuit Judges.
PER CURIAM:*
Victor Manuel Palacios-Dimaz appeals his sentence following a guilty plea
for possession with intent to distribute approximately 85 kilograms of marihuana in
violation of 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(C). He maintains that the district
court erred by declining to grant him a two-level adjustment for a claimed minor role
in the offense under U.S.S.G. § 3B1.2. We review for clear error a trial court's
*
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 R. 47.5, the court has determined that this opinion should not be
published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.
factual determination that a defendant is not entitled to a minor role adjustment.1
Having reviewed the record and briefs herein, we conclude that the district court did
not err in refusing to grant Palacios the claimed adjustment.2 AFFIRMED.
1
United States v. Zuniga, 18 F.3d 1254 (5th Cir. 1994).
2
United States v. Gallegos, 868 F.2d 711, 713 (5th Cir. 1989); United States v. Rojas, 868
F.2d 1409 (5th Cir. 1989); United States v. Buenrostro, 868 F.2d 135 (5th Cir. 1989).
2