United States v. Zuniga ( 2001 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
__________________
No. 00-41492
Conference Calendar
__________________
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
GEORGE ZUNIGA, also known as Jorge Zuniga,
Defendant-Appellant.
- - - - - - - - - -
Appeal from the United States District Court
for the Southern District of Texas
USDC No. M-00-CR-271-1
- - - - - - - - - -
October 25, 2001
Before WIENER, BENAVIDES, and DENNIS, Circuit Judges.
PER CURIAM:*
George Zuniga appeals the sentence he received after
pleading guilty to possession with intent to distribute
approximately 590 kilograms of marihuana. He asserts that the
district court erred when it imposed a two level role-in-the-
offense increase under U.S.S.G. § 3B1.1(c) and denied his request
for a safety valve reduction under U.S.S.G. § 5C1.2 based on a
preponderance-of-the-evidence standard rather than the more
stringent beyond-a-reasonable-doubt standard. Zuniga offers no
*
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that this opinion should not be published and is not precedent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. 00-41492
- 2 -
legal argument in support of this contention. Thus, he has
abandoned any reasonable-doubt argument on appeal by not
adequately briefing the issue. See United States v. Lucien, 61
F.3d 366, 370 (5th Cir. 1995).
Zuniga also argues that the district court clearly erred in
finding that his role in the criminal activity warranted an
enhancement under U.S.S.G. § 3B.1(c), and he faults the court for
failing to apply the “safety valve” pursuant to U.S.S.G. § 5C1.2
in computing his sentence.
Our review of the record and the arguments and authorities
convinces us that no reversible error was committed. The
district court did not clearly err in enhancing Zuniga’s offense
level by the minimum amount provided for in U.S.S.G. § 3B1.1.
See United States v. Parker, 133 F.3d 322, 329-30 (5th Cir.
1998). Furthermore, as a defendant receiving an aggravating role
adjustment pursuant to U.S.S.G. § 3B1.1, Zuniga is ineligible for
relief under the safety valve provision. See U.S.S.G.
§ 5C1.2(4).
Accordingly, the judgment is AFFIRMED.