United States v. Wilson Dario Mira-Londono

[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT FILED
________________________ U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
No. 04-14553 May 19, 2005
THOMAS K. KAHN
Non-Argument Calendar
CLERK
________________________
D. C. Docket No. 04-20194-CR-JAL
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
WILSON DARIO MIRA-LONDONO,
Defendant-Appellant.
________________________
Appeal from the United States District Court
for the Southern District of Florida
_________________________
(May 19, 2005)
Before TJOFLAT, DUBINA and BARKETT, Circuit Judges.
PER CURIAM:
Wilson Dario Mira-Londono appeals his 58-month sentence for importation
of 100 grams of more of heroin, in violation of 21 U.S.C. §§ 952(a) and 960(b)(2).
On appeal, Mira-Londono argues that he should have been given a two-level
minor-role reduction pursuant to U.S.S.G. § 3B1.2, contending that, as a courier,
he played a minor role relative to other participants in the drug-smuggling
conspiracy.
In his initial brief, Mira-Londono also raised a challenge to his sentence
based on Blakely v. Washington, 542 U.S. __, 124 S.Ct. 2531, 159 L.Ed.2d 403(2004). In his reply brief, however, Mira-Londono expressly withdrew that issue
from our consideration. Therefore, we express no opinion on the merits of that
claim, and we do not consider the application of United States v. Booker, 125 S.Ct.
738 (2005), to this appeal. See United States v. Lebovitz, 401 F.3d 1263, 1265 n.1
(11th Cir. 2005). We otherwise find no reversible error.
AFFIRMED.
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