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United States v. Teresa Campos-Tellez, 00-2231 (2001)

Court: Court of Appeals for the Eighth Circuit Number: 00-2231 Visitors: 19
Filed: May 18, 2001
Latest Update: Mar. 02, 2020
Summary: United States Court of Appeals FOR THE EIGHTH CIRCUIT _ No. 00-2231 _ United States of America, * * Appellee, * * v. * Appeal from the United States * District Court for the Teresa Campos-Tellez, * District of Minnesota. * Appellant. * [UNPUBLISHED] _ Submitted: May 15, 2001 Filed: May 18, 2001 _ Before HANSEN, MORRIS SHEPPARD ARNOLD, and BYE, Circuit Judges. _ PER CURIAM. Teresa Campos-Tellez pleaded guilty to conspiring to distribute methamphetamine, in violation of 21 U.S.C. § 846, and the di
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                     United States Court of Appeals
                            FOR THE EIGHTH CIRCUIT
                                     ___________

                                     No. 00-2231
                                     ___________

United States of America,                 *
                                          *
             Appellee,                    *
                                          *
      v.                                  * Appeal from the United States
                                          * District Court for the
Teresa Campos-Tellez,                     * District of Minnesota.
                                          *
             Appellant.                   *      [UNPUBLISHED]
                                     ___________

                            Submitted: May 15, 2001
                                Filed: May 18, 2001
                                    ___________

Before HANSEN, MORRIS SHEPPARD ARNOLD, and BYE, Circuit Judges.
                          ___________

PER CURIAM.

       Teresa Campos-Tellez pleaded guilty to conspiring to distribute
methamphetamine, in violation of 21 U.S.C. § 846, and the district court1 sentenced her
to 87 months of imprisonment and 3 years of supervised release. On appeal, she argues
that the court clearly erred in granting her a 2-level minor-participant reduction rather
than a 4-level minimal-participant reduction under U.S.S.G. § 3B1.2.




      1
      The Honorable Donovan W. Frank, United States District Judge for the District
of Minnesota.
       We conclude that the district court did not clearly err in denying Campos-Tellez
a minimal-participant reduction. See United States v. Ortiz, 
236 F.3d 420
, 422 (8th
Cir. 2001) (standard of review; district court did not clearly err in denying either minor-
or minimal-participant reduction upon finding that defendant drove car used for
transporting drugs and seemed quite aware of what was happening during drug sale).
The unobjected-to facts in the presentence report adequately support the court’s finding
that she was not a minimal participant, see United States v. Belitz, 
141 F.3d 815
, 818
(8th Cir. 1998), and Campos-Tellez did not meet her burden to prove entitlement to the
greater reduction, see United States v. Correa, 
167 F.3d 414
, 416 (8th Cir. 1999).

      Accordingly, we affirm the judgment of the district court.

      A true copy.

             Attest:

                     CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.




                                            -2-

Source:  CourtListener

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