United States v. Castillo , 82 F. App'x 953 ( 2003 )

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT December 10, 2003
Charles R. Fulbruge III
Clerk
No. 03-50225
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JOSE LUIS CASTILLO,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. SA-02-CR-42-5
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Before DAVIS, EMILIO M. GARZA, and DENNIS, Circuit Judges.
PER CURIAM:*
Jose Luis Castillo appeals his sentence following his guilty
plea conviction to conspiracy to distribute five kilograms or
more of cocaine and possession with intent to distribute five
kilograms or more of cocaine. He argues 1) that the district
court abused its discretion when it denied his motion for a writ
of habeas corpus ad testificandum for a co-defendant to be
present at Castillo’s sentencing hearing; 2) that the upward
adjustment of his offense by two for his aggravated role in the
*
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that this opinion should not be published and is not precedent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. 03-50225
-2-
offense was clear error; and 3) that the district court did not
specify reasons for the adjustment.
Castillo received the statutory mandatory minimum sentence
for his offenses. See 21 U.S.C. § 841(b)(1)(A). Any error with
the district court’s determination of Castillo’s role in the
offense, if any, is harmless error. See Williams v. United
States, 503 U.S. 193, 203 (1992); see also United States v.
Williams, 22 F.3d 580, 582 (5th Cir. 1994).
AFFIRMED.