Elawyers Elawyers
Washington| Change

United States v. Saenz-Castaneda, 06-51194 (2007)

Court: Court of Appeals for the Fifth Circuit Number: 06-51194 Visitors: 16
Filed: Jun. 19, 2007
Latest Update: Feb. 21, 2020
Summary: United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT June 19, 2007 Charles R. Fulbruge III Clerk No. 06-51194 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus EFREN ENRIQUE SAENZ-CASTANEDA, also known as Efren E. Saenz- Castaneda, Defendant-Appellant. - Appeal from the United States District Court for the Western District of Texas USDC No. 3:04-CR-170-ALL - Before JONES, Chief Judge, and JOLLY and DENNIS, Circu
More
                                                       United States Court of Appeals
                                                                Fifth Circuit
                                                             F I L E D
               IN THE UNITED STATES COURT OF APPEALS
                       FOR THE FIFTH CIRCUIT                  June 19, 2007

                                                          Charles R. Fulbruge III
                                                                  Clerk
                            No. 06-51194
                        Conference Calendar



UNITED STATES OF AMERICA,

                                    Plaintiff-Appellee,

versus

EFREN ENRIQUE SAENZ-CASTANEDA, also known as Efren E. Saenz-
Castaneda,

                                    Defendant-Appellant.

                        --------------------
           Appeal from the United States District Court
                 for the Western District of Texas
                      USDC No. 3:04-CR-170-ALL
                        --------------------

Before JONES, Chief Judge, and JOLLY and DENNIS, Circuit Judges.

PER CURIAM:*

     Efren Enrique Saenz-Castaneda (Saenz) appeals the sentence

imposed following his guilty plea to possession with intent to

distribute marijuana.   He argues that the district court clearly

erred in denying him a minor-role adjustment pursuant to U.S.S.G.

§ 3B1.2.   The district court’s finding that Saenz was not a minor

participant was plausible in light of the record as a whole and,

thus, not clearly erroneous.   See United States v. Villanueva,

408 F.3d 193
, 203-04 (5th Cir. 2005).

     *
       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this opinion should not be published and is not precedent except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. 06-51194
                 -2-

AFFIRMED.

Source:  CourtListener

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer