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United States v. Jorge Fuentes, 03-1206 (2003)

Court: Court of Appeals for the Eighth Circuit Number: 03-1206 Visitors: 59
Filed: Oct. 21, 2003
Latest Update: Mar. 02, 2020
Summary: United States Court of Appeals FOR THE EIGHTH CIRCUIT _ No. 03-1206 _ United States of America, * * Appellee, * * Appeal from the United States v. * District Court for the * District of Minnesota. Jorge Alvarez Fuentes, also known as * [UNPUBLISHED] Alejandro Alvavit Gomes, * * Appellant. * _ Submitted: October 15, 2003 Filed: October 21, 2003 _ Before WOLLMAN, FAGG, and MORRIS SHEPPARD ARNOLD, Circuit Judges. _ PER CURIAM. After Jorge Alvarez Fuentes (Fuentes) pleaded guilty to possession with
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                     United States Court of Appeals
                            FOR THE EIGHTH CIRCUIT
                                   ___________

                                   No. 03-1206
                                   ___________

United States of America,             *
                                      *
            Appellee,                 *
                                      * Appeal from the United States
      v.                              * District Court for the
                                      * District of Minnesota.
Jorge Alvarez Fuentes, also known as *    [UNPUBLISHED]
Alejandro Alvavit Gomes,              *
                                      *
            Appellant.                *
                                 ___________

                             Submitted: October 15, 2003

                                  Filed: October 21, 2003
                                   ___________

Before WOLLMAN, FAGG, and MORRIS SHEPPARD ARNOLD, Circuit Judges.
                           ___________

PER CURIAM.

       After Jorge Alvarez Fuentes (Fuentes) pleaded guilty to possession with intent
to distribute in excess of 500 grams of cocaine, in violation of 21 U.S.C. § 841(a)(1)
and (b)(1)(B), the district court1 sentenced him to 37 months’ imprisonment and 3
years’ supervised release. He appeals, and we affirm.



      1
      The Honorable John R. Tunheim, United States District Judge for the District
of Minnesota.
      For reversal, Fuentes argues that the district court erred in denying him a 2-
level minor-role reduction under U.S.S.G. § 3B1.2(b), because he acted merely as a
courier in the offense. A minor participant is one who is less culpable than most
other participants in the offense, but whose role could not be described as minimal.
See U.S.S.G. § 3B1.2(b) & comment. (n.5). The defendant bears the burden of
demonstrating that he is entitled to such a reduction, see United States v. Lopez-Arce,
267 F.3d 775
, 784 (8th Cir. 2001), and we review for clear error the district court’s
denial of the reduction, see United States v. White, 
241 F.3d 1015
, 1024 (8th Cir.
2001).

      The district court did not clearly err. The undisputed facts indicate that Fuentes
was deeply involved in the offense as both a contact person and a courier, and he was
caught with a significant amount of cocaine. See United States v. Alverez, 
235 F.3d 1086
, 1090 (8th Cir. 2000), cert. denied, 
532 U.S. 1031
(2001); United States v.
Thompson, 
60 F.3d 514
, 518 (8th Cir. 1995).

      The judgment is affirmed.
                     ______________________________




                                          -2-

Source:  CourtListener

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