United States v. Grice ( 2001 )


Menu:
  •                IN THE UNITED STATES COURT OF APPEALS
    FOR THE FIFTH CIRCUIT
    No. 00-31164
    Conference Calendar
    UNITED STATES OF AMERICA,
    Plaintiff-Appellee,
    versus
    WAYNE GRICE,
    Defendant-Appellant.
    - - - - - - - - - -
    Appeal from the United States District Court
    for the Western District of Louisiana
    USDC No. 99-CR-20043-2
    - - - - - - - - - -
    April 12, 2001
    Before JOLLY, HIGGINBOTHAM, and JONES, Circuit Judges.
    PER CURIAM:*
    Wayne Grice appeals his sentence following his guilty-plea
    conviction for conspiracy to possess with intent to distribute
    cocaine and cocaine base.   He argues that he was a minor
    participant in the offense, and that the district court erred by
    not granting him a downward adjustment.
    Under U.S.S.G. § 3B1.2, a defendant’s offense level is
    decreased by two levels if he was a minor participant in any
    criminal activity.   A minor participant is “less culpable than
    most other participants.”   U.S.S.G. § 3B1.2, comment. (n.3).    We
    *
    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    that this opinion should not be published and is not precedent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. 00-31164
    -2-
    review the district court’s determination regarding a defendant’s
    role in the offense for clear error.       See United States v.
    Valencia-Gonzales, 
    172 F.3d 344
    , 346 (5th Cir.), cert. denied,
    
    528 U.S. 894
     (1999).
    As part of his guilty plea, Grice admitted to conspiring to
    distribute over 5 kilograms of cocaine base.      He was involved in
    converting cocaine powder into cocaine base on 10-15 occasions.
    This conduct was not peripheral to the advancement of the illicit
    activity.   Thus, the district court did not clearly err in
    determining that he was not a minor participant.       See Valencia-
    Gonzales, 
    172 F.3d at 346
    ; United States v. Gallegos, 
    868 F.2d 711
    , 713 (5th Cir. 1989).
    Additionally, Grice’s base offense level under the
    sentencing guidelines was calculated using the amount of drugs
    with which he was personally involved, rather than the larger
    amount involved in the entire conspiracy.      Thus, he was not
    entitled to an adjustment for having a minor role in the offense.
    See United States v. Marmolejo, 
    106 F.3d 1213
    , 1217 (5th Cir.
    1997).
    AFFIRMED.
    

Document Info

Docket Number: 00-31164

Filed Date: 4/12/2001

Precedential Status: Non-Precedential

Modified Date: 4/18/2021