Filed: Aug. 27, 1999
Latest Update: Mar. 02, 2020
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 98-21159 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus JOSÉ ANGEL AGUIRRE, Defendant-Appellant. - Appeal from the United States District Court for the Southern District of Texas USDC No. H-98-CR-241-1 - August 24, 1999 Before KING, Chief Judge, and DAVIS and SMITH, Circuit Judges. PER CURIAM:* José Angel Aguirre, pleaded guilty to three-counts of an indictment charging him with conspiracy and knowingly pos
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 98-21159 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus JOSÉ ANGEL AGUIRRE, Defendant-Appellant. - Appeal from the United States District Court for the Southern District of Texas USDC No. H-98-CR-241-1 - August 24, 1999 Before KING, Chief Judge, and DAVIS and SMITH, Circuit Judges. PER CURIAM:* José Angel Aguirre, pleaded guilty to three-counts of an indictment charging him with conspiracy and knowingly poss..
More
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 98-21159
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JOSÉ ANGEL AGUIRRE,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-98-CR-241-1
--------------------
August 24, 1999
Before KING, Chief Judge, and DAVIS and SMITH, Circuit Judges.
PER CURIAM:*
José Angel Aguirre, pleaded guilty to three-counts of an
indictment charging him with conspiracy and knowingly possessing
counterfeit immigration documents. Aguirre argues that the
district court was clearly erroneous in failing to award him a
downward adjustment under the sentencing guidelines because he
was a minor participant in the offense. Aguirre asserts that he
was simply a runner in the counterfeit immigration document
scheme. We review the sentencing court’s determination that a
*
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that this opinion should not be published and is not precedent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. 98-21159
-2-
defendant did not play a minor or minimal role in the offense for
clear error. United States v. Zuniga,
18 F.3d 1254, 1261 (5th
Cir. 1994).
Aguirre’s only argument is that he is entitled to the minor-
participant reduction because he had no responsibilities other
than as a runner. The undisputed facts show that Aguirre was
more than a mere runner who simply acted as a courier of illicit
goods. He negotiated the deals, gathered information, collected
money, and delivered the goods. The district court did not
clearly err in finding that Aguirre’s role was not minor
considering the "broad context" of the offense. See United
States v. Atanda,
60 F.3d 196, 198 (5th Cir. 1995).
AFFIRMED.