Summary Calendar UNITED STATES OF AMERICA v. Francisco Ortega-Rubio

* 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should not be published and is not precedent except under the limited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. 07-50471
Summary Calendar
UNITED STATES OF AMERICA
Plaintiff-Appellee
v.
FRANCISCO ORTEGA-RUBIO
Defendant-Appellant
Appeal from the United States District Court
for the Western District of Texas
USDC No. 3:06-CR-2292-ALL
Before KING, DAVIS, and CLEMENT, Circuit Judges.
PER CURIAM:*
Francisco Ortega-Rubio (Ortega) appeals his 27-month sentence following
his guilty plea to importation of marijuana and 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 Ortega was not a minor participant was plausible in light of the
United States Court of Appeals
Fifth Circuit
F I L E D
January 31, 2008
Charles R. Fulbruge III
Clerk

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No. 07-50471
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record as a whole and, thus, not clearly erroneous. See United States v.
Villanueva, 408 F.3d 193, 203-04 (5th Cir. 2005).
Ortega also contends that his sentence was unreasonable on various
grounds. Ortega did not preserve this issue; thus, review is for plain error. See
United States v. Peltier, 505 F.3d 389, 392 (5th Cir. 2007). Ortega identifies no
plain error. Thus, Ortega has failed to show that his sentence is unreasonable.
See United States v. Alonzo, 435 F.3d 551, 554 (5th Cir. 2006); Gall v. United
States, 128 S. Ct 586, 594-95 (2007); Rita v. United States, 127 S. Ct. 2456, 2462
(2007). The judgment of the district court is AFFIRMED.

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