United States v. Uribe

* 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this opinion should not be published and is not precedent except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.
United States Court of Appeals
Fifth Circuit
F I L E D
February 13, 2007
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 06-30306
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JUAN FRANCISCO VAZQUEZ URIBE,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 3:05-CR-30005
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Before BARKSDALE, GARZA, and CLEMENT, Circuit Judges.
PER CURIAM:*
Juan Francisco Vazquez Uribe appeals his 210-month sentence
for possession with intent to distribute five kilograms or more
of cocaine hydrochloride and 50 grams or more of methamphetamine
or 500 grams or more of a mixture or a substance containing
methamphetamine. Vazquez Uribe argues that the district court
clearly erred in denying him a mitigating role adjustment
pursuant to U.S.S.G. § 3B1.2.

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No. 06-30306
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Vazquez Uribe was found transporting a large quantity of
narcotics and took affirmative steps to conceal the narcotics in
his vehicle. Given these facts and this court’s precedent
indicating that status as a courier does not require application
of the mitigating role adjustment, the district court did not
clearly err in denying Vazquez Uribe an adjustment under § 3B1.2.
See United States v. Gallegos, 868 F.2d 711, 712-13 (5th Cir.
1989); United States v. Buenrostro, 868 F.2d 135, 138 (5th Cir.
1989). Accordingly, the judgment of the district court is
AFFIRMED.

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