United States v. Cortez

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT February 13, 2007
Charles R. Fulbruge III
Clerk
No. 05-41620
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
MARIO CORTEZ,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 5:04-CR-2511-4
--------------------
Before BARKSDALE, GARZA, and CLEMENT, Circuit Judges.
PER CURIAM:*
Mario Cortez appeals the 57-month sentence imposed following
his plea of guilty to conspiracy with intent to distribute more
than 100 kilograms of marijuana. He argues that the district
court erred by refusing to reduce his advisory guidelines offense
level for a minor or minimal role in the offense.
Although Cortez may have had the status of a “hired hand,”
he was apprehended while loading 363 kilograms of marijuana, and
he accompanied a shipment to its destination. Cortez knew the
leader of the drug conspiracy, knew that person to be a marijuana
*
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this opinion should not be published and is not precedent except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. 05-41620
-2-
distributor, and resumed his association with that person as soon
as he was released from prison. The record shows that Cortez was
involved with more than 700 kilograms of marijuana; he assisted
with the transportation of at least two loads; and he did
whatever the leader told him to do. The district court did not
commit clear error by refusing to reduce Cortez’s offense level
for his role in the offense. See United States v. Garcia, 242
F.3d 593, 598 (5th Cir. 2001); United States v. Zuniga, 18 F.3d
1254, 1261 (5th Cir. 1994).
The judgment of the district court is AFFIRMED.