Filed: Jul. 24, 1996
Latest Update: Mar. 02, 2020
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT _ No. 95-40898 Summary Calendar _ UNITED STATES OF AMERICA, Plaintiff-Appellee, versus NAHUN MUNOZ-CRUZ, Defendant-Appellant. - - - - - - - - - - Appeal from the United States District Court for the Southern District of Texas USDC No. CR-B-95-119-01 - - - - - - - - - - July 17, 1996 Before HIGGINBOTHAM, EMILIO M. GARZA, and BENAVIDES, Circuit Judges. PER CURIAM:* Nahun Munoz-Cruz appeals his sentence for conspiracy to possess marijuana
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT _ No. 95-40898 Summary Calendar _ UNITED STATES OF AMERICA, Plaintiff-Appellee, versus NAHUN MUNOZ-CRUZ, Defendant-Appellant. - - - - - - - - - - Appeal from the United States District Court for the Southern District of Texas USDC No. CR-B-95-119-01 - - - - - - - - - - July 17, 1996 Before HIGGINBOTHAM, EMILIO M. GARZA, and BENAVIDES, Circuit Judges. PER CURIAM:* Nahun Munoz-Cruz appeals his sentence for conspiracy to possess marijuana w..
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IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
__________________
No. 95-40898
Summary Calendar
__________________
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
NAHUN MUNOZ-CRUZ,
Defendant-Appellant.
- - - - - - - - - -
Appeal from the United States District Court
for the Southern District of Texas
USDC No. CR-B-95-119-01
- - - - - - - - - -
July 17, 1996
Before HIGGINBOTHAM, EMILIO M. GARZA, and BENAVIDES, Circuit
Judges.
PER CURIAM:*
Nahun Munoz-Cruz appeals his sentence for conspiracy to
possess marijuana with intent to distribute. He argues that the
district court erred when it enhanced his base offense level by
two for possession of a firearm, when it declined to grant him a
reduction based on his role in the conspiracy, and when it did
not state reasons for that denial at the sentencing hearing. Our
review of the record and the arguments and authorities convinces
us that no reversible error was committed.
Pursuant to Local Rule 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this opinion should not be published and is not precedent except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 Local Rule 47.5.4.
No. 95-40898
-2-
The two-level enhancement for possession of the firearm was
not clearly erroneous because it was reasonably foreseeable to
Munoz-Cruz that such would be used by his coconspirator to
protect the large amount of marijuana intended for distribution.
United States v. Gaytan,
74 F.3d 545, 559 (5th Cir. 1996); United
States v. Aguilera-Zapata,
901 F.2d 1209, 1215-16 (5th Cir.
1990). Nor did the court err when it declined to grant him a
reduction based on his role in the offense inasmuch as his role
as a courier did not render him substantially less culpable than
his coconspirators. United States v.Edwards,
65 F.3d 430, 434
(5th Cir. 1995); United States v. Gallegos,
868 F.2d 711, 713
(5th Cir. 1989). The district court was not required to state
its reasons for denying the reduction because it adopted the
findings and conclusions of the presentence report. See United
States v. Mora,
994 F.2d 1129, 1141 (5th Cir.) cert. denied,
114
S. Ct. 417 (1993).
AFFIRMED.