United States v. Cavazos

No. 99-10957
-1-
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 99-10957
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
FRANCISCO SALAZAR CAVAZOS, also known as Paco,
Defendant-Appellant.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No.4:98-CR-108-5-E
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February 16, 2000
Before EMILIO M. GARZA, BENAVIDES, and DENNIS, Circuit Judges.
PER CURIAM:*
Francisco Salazar Cavazos appeals the district court’s
denial of his request for a minimal or minor participant
adjustment under § 3B1.2 of the Sentencing Guidelines, a factual
determination which we review for clear error. See United States
v. Flucas, 99 F.3d 177, 178 (5th Cir. 1996). Although Cavazos
contends that he was only a courier, it does not necessarily
follow that he was a minor or minimal participant, particularly
given the large quantity of cocaine involved. See United States
v. Rojas, 868 F.2d 1409, 1410 (5th Cir. 1989). Further, Cavazos
*
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that this opinion should not be published and is not precedent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. 99-10957
-2-
was admittedly involved over a four-day period in coordinating
the transportation and delivery of the cocaine. Thus, he was not
substantially less culpable than other participants. See United
States v. Buenrostro, 868 F.2d 135, 136 (5th Cir. 1989).
Because we find that the district court could properly deny
Cavazos a reduction for either minor or minimal participation, we
need not reach the issue of whether Cavazos preserved the minor
participant issue for appeal. See United States v. Hinojosa-
Lopez, 130 F.3d 691, 693 n.1 (5th Cir. 1997).
AFFIRMED.