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Case: 21-40311 Document: 00516153795 Page: 1 Date Filed: 01/04/2022 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED January 4, 2022 No. 21-40311 Summary Calendar Lyle W. Cayce Clerk United States of America, Plaintiff—Appellee, versus Martin Martinez, Defendant—Appellant. Appeal from the United States District Court for the Southern District of Texas USDC No. 7:19-CR-510-1 Before Owen, Chief Judge, and Smith and Elrod, Circuit Judges. Per Curiam:* Martin Martinez pleaded guilty to possession with intent to distribute 500 grams or more of methamphetamine. The district court sentenced Martinez to 262 months of imprisonment and five years of supervised release. * Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4. Case: 21-40311 Document: 00516153795 Page: 2 Date Filed: 01/04/2022 No. 21-40311 Martinez’s sole argument on appeal is that the district court erred in refusing to award a mitigating role adjustment under U.S.S.G. § 3B1.2. The district court’s denial of a reduction for a mitigating role is a factual determination that is reviewed for clear error. United States v. Villanueva,
408 F.3d 193, 203 (5th Cir. 2005). Martinez does not challenge any of the factual findings contained in the Presentence Report defining the offense conduct. Martinez argues that he was not the owner of the narcotics, did not plan the importation of the narcotics, and did not control others, but fortuitously came across the narcotics and kept them. He does not argue that his role was peripheral to the distribution of the methamphetamine; rather, he argues simply that he did less than others. This is insufficient to warrant a § 3B1.2 mitigating role adjustment. See United States v. Castro,
843 F.3d 608, 613-14 (5th Cir. 2016). The district court did not clearly err in refusing to grant him a mitigating role adjustment. See Villanueva,
408 F.3d at 203. AFFIRMED. 2
Document Info
Docket Number: 21-40311
Filed Date: 1/4/2022
Precedential Status: Non-Precedential
Modified Date: 1/5/2022