United States v. Teresa Campos-Tellez ( 2001 )


Menu:
  •                      United States Court of Appeals
    FOR THE EIGHTH CIRCUIT
    ___________
    No. 00-2231
    ___________
    United States of America,                 *
    *
    Appellee,                    *
    *
    v.                                  * Appeal from the United States
    * District Court for the
    Teresa Campos-Tellez,                     * District of Minnesota.
    *
    Appellant.                   *      [UNPUBLISHED]
    ___________
    Submitted: May 15, 2001
    Filed: May 18, 2001
    ___________
    Before HANSEN, MORRIS SHEPPARD ARNOLD, and BYE, Circuit Judges.
    ___________
    PER CURIAM.
    Teresa Campos-Tellez pleaded guilty to conspiring to distribute
    methamphetamine, in violation of 
    21 U.S.C. § 846
    , and the district court1 sentenced her
    to 87 months of imprisonment and 3 years of supervised release. On appeal, she argues
    that the court clearly erred in granting her a 2-level minor-participant reduction rather
    than a 4-level minimal-participant reduction under U.S.S.G. § 3B1.2.
    1
    The Honorable Donovan W. Frank, United States District Judge for the District
    of Minnesota.
    We conclude that the district court did not clearly err in denying Campos-Tellez
    a minimal-participant reduction. See United States v. Ortiz, 
    236 F.3d 420
    , 422 (8th
    Cir. 2001) (standard of review; district court did not clearly err in denying either minor-
    or minimal-participant reduction upon finding that defendant drove car used for
    transporting drugs and seemed quite aware of what was happening during drug sale).
    The unobjected-to facts in the presentence report adequately support the court’s finding
    that she was not a minimal participant, see United States v. Belitz, 
    141 F.3d 815
    , 818
    (8th Cir. 1998), and Campos-Tellez did not meet her burden to prove entitlement to the
    greater reduction, see United States v. Correa, 
    167 F.3d 414
    , 416 (8th Cir. 1999).
    Accordingly, we affirm the judgment of the district court.
    A true copy.
    Attest:
    CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
    -2-
    

Document Info

Docket Number: 00-2231

Judges: Hansen, Arnold, Bye

Filed Date: 5/18/2001

Precedential Status: Non-Precedential

Modified Date: 11/5/2024