United States v. Valladares

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT October 24, 2006
Charles R. Fulbruge III
Clerk
No. 05-20917
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JULIO CESAR VALLADARES,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:05-CR-247-3
--------------------
Before JOLLY, DeMOSS, and STEWART, Circuit Judges.
PER CURIAM:*
Julio Cesar Valladares was convicted of conspiracy and
harboring illegal aliens for private financial gain and sentenced
to serve 18 months in prison and a three-year term of supervised
release. Valladares argues on appeal that the district court
erred by denying his request for an adjustment to his sentence
based on his allegedly minor role in the offense.
Valladares contends that he was significantly less culpable
than other participants in the underlying offense and that he
should have received a corresponding reduction to his sentence.
*
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this opinion should not be published and is not precedent except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. 05-20917
-2-
The district court’s conclusion that Valladares was not entitled
to this adjustment is plausible in light of the record as a
whole. See United States v. Villanueva, 408 F.3d 193, 203 & n.9
(5th Cir.), cert. denied, 126 S. Ct. 268 (2005).
Valladares has shown no error in the district court’s
judgment. Consequently, that judgment is AFFIRMED.