United States v. Francisco Sierra , 583 F. App'x 370 ( 2014 )

Case: 13-40773 Document: 00512816073 Page: 1 Date Filed: 10/27/2014
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 13-40773
Summary Calendar
United States Court of Appeals
Fifth Circuit
FILED
October 27, 2014
UNITED STATES OF AMERICA,
Lyle W. Cayce
Clerk
Plaintiff-Appellee
v.
FRANCISCO SIERRA,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 7:07-CR-293
Before REAVLEY, DENNIS, and SOUTHWICK, Circuit Judges.
PER CURIAM: *
Francisco Sierra challenges the 200-month term of imprisonment
imposed following his guilty plea conviction for possession with intent to
distribute approximately 1,234 kilograms of marijuana. As in the district
court, Sierra contends that he was entitled to a mitigating role adjustment
pursuant to U.S.S.G. § 3B1.2 because his role in the offense was limited to
driving a tractor-trailer containing marijuana. Additionally, Sierra contends
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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.
Case: 13-40773 Document: 00512816073 Page: 2 Date Filed: 10/27/2014
No. 13-40773
that, in denying a role reduction, the district court improperly considered his
prior criminal convictions as relevant conduct.
The role adjustments of § 3B1.2 are not available to defendants
sentenced under U.S.S.G. § 4B1.1. See United States v. Cashaw, 625 F.3d 271,
274 (5th Cir. 2010). Because Sierra’s offense level was calculated under
§ 4B1.1, we find no error. See id.
The judgment of the district court is AFFIRMED.
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