USA v. Wilkins, No. 07-50865 (5th Cir. 2008)

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IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED No. 07-50865 Conference Calendar June 19, 2008 Charles R. Fulbruge III Clerk UNITED STATES OF AMERICA Plaintiff-Appellee v. EDDY WILKINS Defendant-Appellant Appeal from the United States District Court for the Western District of Texas USDC No. 3:07-CR-233-ALL Before JONES, Chief Judge, and JOLLY and DENNIS, Circuit Judges. PER CURIAM:* Eddy Wilkins appeals his sentence following his guilty plea conviction of importation of marijuana and possession with intent to distribute marijuana. Wilkins argues that the district court clearly erred in denying him a two-level minor role adjustment under U.S.S.G. § 3B1.2. He contends that the adjustment was warranted because he was a mere courier who was less culpable than other participants in the offense. * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 07-50865 Whether a defendant is a minor or minimal participant is a factual determination that is reviewed for clear error. United States v. Villanueva, 408 F.3d 193, 203 & n.9 (5th Cir. 2005). Pursuant to § 3B1.2, a district court may decrease a defendant s offense level by two levels if the defendant was a minor participant. An adjustment for a minor role applies to a defendant who is less culpable than most other participants, but whose role could not be described as minimal. § 3B1.2, comment. (n.5). The district court did not clearly err in denying Wilkins a minor role adjustment. See United States v. Atanda, 60 F.3d 196, 199 (5th Cir. 1995); United States v. Nevarez-Arreola, 885 F.2d 243, 245 (5th Cir. 1989); United States v. Buenrostro, 868 F.2d 135, 138 (5th Cir. 1989). Accordingly, the judgment of the district court is AFFIRMED. 2

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