Summary Calendar UNITED STATES OF AMERICA v. Jorge Toledo-Ortiz

* 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should not be published and is not precedent except under the limited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.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 06-40755
Summary Calendar
UNITED STATES OF AMERICA
Plaintiff-Appellee
v.
JORGE TOLEDO-ORTIZ
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 5:05-CR-1649-3
Before KING, DAVIS, and CLEMENT, Circuit Judges.
PER CURIAM:*
Jorge Toledo-Ortiz (Toledo) appeals the 45-month sentence imposed
following his guilty plea conviction for conspiracy to possess with intent to
distribute less than 100 kilograms of marijuana. Toledo argues that the district
court committed reversible error by denying him a minor role adjustment to his
offense level and by not articulating the factual basis for the denial.
The record demonstrates that Toledo played a critical role in packaging
the marijuana for distribution. Notwithstanding that Toledo’s participation was
United States Court of Appeals
Fifth Circuit
F I L E D
March 4, 2008
Charles R. Fulbruge III
Clerk

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No. 06-40755
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small in terms of the overall distribution scheme, it was not minor in that it was
“coextensive with the conduct for which he was held accountable,” United States
v. Garcia, 242 F.3d 593, 598-99 (5th Cir. 2001), and not merely peripheral to the
advancement of the illicit activity, see United States v. Villanueva, 408 F.3d 193,
204 (5th Cir. 2005). The district court did not clearly err.
The requirement that the district court articulate a sufficient factual basis
for the denial of a minor role adjustment can be satisfied through implicit
findings, such as when the district court adopts the presentence report, which
occurred in this case. See United States v. Gallardo-Trapero, 185 F.3d 307, 323-
24 (5th Cir. 1999). Accordingly, the judgment of the district court is
AFFIRMED.

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