United States v. Lawrence ( 2002 )


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  •                IN THE UNITED STATES COURT OF APPEALS
    FOR THE FIFTH CIRCUIT
    No. 01-31239
    Conference Calendar
    UNITED STATES OF AMERICA,
    Plaintiff-Appellee,
    versus
    TREVOR ROHAN LAWRENCE,
    Defendant-Appellant.
    --------------------
    Appeal from the United States District Court
    for the Western District of Louisiana
    USDC No. 01-CR-50014-ALL
    --------------------
    June 19, 2002
    Before HIGGINBOTHAM, DAVIS, and EMILIO M. GARZA, Circuit Judges.
    PER CURIAM:*
    Trevor Rohan Lawrence appeals the 46-month sentence imposed
    by the district court following his conviction on a guilty plea
    to a charge of possession with intent to distribute 100 kilograms
    or more of marijuana.
    Lawrence contends that the district court did not make a
    finding at sentencing on the issue whether his role in the
    offense was minor or minimal.   The district court overruled
    Lawrence’s objection to the presentence report.   The record
    reflects that the district court adequately resolved the disputed
    *
    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    that this opinion should not be published and is not precedent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. 01-31239
    -2-
    issue and provided a basis for its resolution.     United States v.
    Piazza, 
    959 F.2d 33
    , 37 (5th Cir. 1992).
    Lawrence contends also that the district court’s denial of a
    reduction for a minor or minimal role in the offense was clear
    error.   We review a district court’s finding on a defendant’s
    role in the offense for clear error.     Burton v. United States,
    
    237 F.3d 490
    , 503 (5th Cir. 2000).
    Lawrence was transporting over 476 kilograms of marijuana
    from California to Ohio.    He admitted knowledge that the truck
    contained at least 200 pounds of marijuana.    Lawrence’s admitted
    role as a courier does not necessarily make his role in the
    offense minor or minimal.     See United States v. Rojas, 
    868 F.2d 1409
    , 1410 (5th Cir. 1989); United States v. Gallegos, 
    868 F.2d 711
    , 713 (5th Cir. 1989).    Accordingly, the judgment of the
    district court is AFFIRMED.
    

Document Info

Docket Number: 01-31239

Filed Date: 6/20/2002

Precedential Status: Non-Precedential

Modified Date: 4/17/2021