USA v. Francisco Sierra, No. 13-40773 (5th Cir. 2014)
Annotate this Case
Download PDF
Case: 13-40773 Document: 00512816073 Page: 1 Date Filed: 10/27/2014 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 13-40773 Summary Calendar United States Court of Appeals Fifth Circuit FILED October 27, 2014 UNITED STATES OF AMERICA, Plaintiff-Appellee Lyle W. Cayce Clerk v. FRANCISCO SIERRA, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 7:07-CR-293 Before REAVLEY, DENNIS, and SOUTHWICK, Circuit Judges. PER CURIAM: * Francisco Sierra challenges the 200-month term of imprisonment imposed following his guilty plea conviction for possession with intent to distribute approximately 1,234 kilograms of marijuana. As in the district court, Sierra contends that he was entitled to a mitigating role adjustment pursuant to U.S.S.G. § 3B1.2 because his role in the offense was limited to driving a tractor-trailer containing marijuana. Additionally, Sierra contends 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. * Case: 13-40773 Document: 00512816073 Page: 2 Date Filed: 10/27/2014 No. 13-40773 that, in denying a role reduction, the district court improperly considered his prior criminal convictions as relevant conduct. The role adjustments of § 3B1.2 are not available to defendants sentenced under U.S.S.G. § 4B1.1. See United States v. Cashaw, 625 F.3d 271, 274 (5th Cir. 2010). Because Sierra s offense level was calculated under § 4B1.1, we find no error. See id. The judgment of the district court is AFFIRMED. 2
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
