United States v. Illescas-Diaz

* 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this opinion should not be published and is not precedent except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 15, 2007
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 06-40169
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
GABRIEL BENJAMIN ILLESCAS-DIAZ,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
(5:04-CR-2515-ALL)
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Before SMITH, WIENER, and OWEN, Circuit Judges.
PER CURIAM:*
Defendant-Appellant Gabriel Benjamin Illescas-Diaz (Illescas)
appeals the sentence imposed following his guilty plea to
possession with intent to distribute cocaine. He argues that the
district court clearly erred in denying him a role adjustment
pursuant to U.S.S.G. § 3B1.2 (2004).
We hold that the record does not establish that Illescas,
whose role was, at a minimum, to transport 18.41 kilograms of
cocaine from Mexico to Dallas, Texas, was “plainly among the least
culpable of those involved in the conduct of a group.”

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2
See § 3B1.2, comment. (n.4). He has therefore not shown that the
district court clearly erred in denying him a minimal-role
adjustment. See United States v. Villanueva, 408 F.3d 193, 203 n.9
(5th Cir.), cert. denied, 126 S. Ct. 268 (2005).
Similarly, Illescas’s self-proclaimed role as courier was not
peripheral to the advancement of the offense. The district court
therefore did not clearly err in denying him an adjustment for a
minor role in the offense. See United States v. Miranda, 248 F.3d
434, 446-47 (5th Cir. 2001).
AFFIRMED.

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