USA v. Elias Barrios DeLaRosa, No. 05-12907 (11th Cir. 2006)
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[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT FILED ________________________ U.S. COURT OF APPEALS ELEVENTH CIRCUIT MARCH 14, 2006 THOMAS K. KAHN CLERK No. 05-12907 Non-Argument Calendar ________________________ D. C. Docket No. 04-00563-CR-T-23MAP UNITED STATES OF AMERICA, Plaintiff-Appellee, versus ELIAS BARRIOS DELAROSA, a.k.a. Elias Barrios, Defendant-Appellant. ________________________ Appeal from the United States District Court for the Middle District of Florida _________________________ (March 14, 2006) Before CARNES, BARKETT and PRYOR, Circuit Judges. PER CURIAM: Elias Barrios DeLaRosa appeals his 135-month sentence for possession with intent to distribute 5 kilograms or more of cocaine while aboard a vessel subject to the United States s jurisdiction, in violation of 46 App. U.S.C. §§ 1903(a), (g); 18 U.S.C. § 2; and 21 U.S.C. § 960(b)(1)(B)(ii), and conspiracy to possess with intent to distribute 5 kilograms or more of cocaine while aboard a vessel subject to the United States s jurisdiction, in violation of 46 App. U.S.C. §§ 1903(a), (g), & (j), and 21 U.S.C. § 960(b)(1)(B)(ii). DeLaRosa argues that he should have received a minor-role reduction pursuant to U.S.S.G. § 3B1.2. We have held that a district court s determination of a defendant s role in an offense is a finding of fact, to be reviewed for clear error. United States v. De Varon, 175 F.3d 930 (11th Cir. 1999) (en banc). The guidelines allow a court to decrease a defendant s offense level by two points if the court finds the defendant was a minor participant. U.S.S.G. § 3B1.2(b). A defendant who is less culpable than most other participants, but whose role could not be described as minimal is a minor participant. U.S.S.G. § 3B1.2, comment. (n.5). Under the requisite standards articulated in De Varon, we cannot say that the district court clearly erred in denying the downward departure here. AFFIRMED 2
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