IN THE UNITED STATES COURT OF APPEALS
                    FOR THE FIFTH CIRCUIT  United States Court of Appeals
                                                    Fifth Circuit

                                                 FILED
                                                                           January 4, 2010
                                     No. 08-10990
                                   Summary Calendar                    Charles R. Fulbruge III
                                                                               Clerk

UNITED STATES OF AMERICA,

                                                   Plaintiff-Appellee

v.

ALDO SAENZ,

                                                   Defendant-Appellant


                   Appeal from the United States District Court
                        for the Northern District of Texas
                            USDC No. 3:06-CR-192-28


Before KING, STEWART, and HAYNES, Circuit Judges.
PER CURIAM:*
       Aldo Saenz appeals the 262-month sentence imposed following his guilty
plea conviction for conspiracy to possess with intent to distribute and
distribution of a controlled substance and money laundering. He argues that the
district court erred by denying him a minor-role adjustment. He also contends
that his sentence was unreasonable.
       The district court did not clearly err in denying the minor-role adjustment.
See United States v. Villanueva, 

, 203 n. 9 (5th Cir. 2005). Saenz

       *
         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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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. 08-10990

distributed at least 590 kilograms of cocaine and used his automotive store as
a distribution point for large amounts of cocaine and drug proceeds. Moreover,
Saenz’s sentence was based on conduct in which he was directly involved. A
reduction is not required when the defendant’s sentence is based upon his own
conduct rather than a larger conspiracy. United States v. Atanda, 

,
199 (5th Cir. 1995).
      Saenz also argues that his sentence is unreasonable because his criminal
behavior was not violent; he has no prior criminal history; and the likelihood of
recidivism is low. Because the sentence imposed by the district court was within
the advisory guidelines range of 262-327 months of imprisonment, it is entitled
to a presumption of reasonableness. See Rita v. United States, 

, 347
(2007); United States v. Alonzo, 

, 554 (5th Cir. 2006). Saenz has not
shown sufficient reason for this court to disturb that presumption. Accordingly,
the judgment of the district court is AFFIRMED.




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