Conference Calendar UNITED STATES OF AMERICA v. Mauricio Joel Ibarra

* 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should not be published and is not precedent except under the limited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. 07-51283
Conference Calendar
UNITED STATES OF AMERICA
Plaintiff-Appellee
v.
MAURICIO JOEL IBARRA
Defendant-Appellant
Appeal from the United States District Court
for the Western District of Texas
USDC No. 6:07-CR-4-4
Before GARZA, CLEMENT, and SOUTHWICK, Circuit Judges.
PER CURIAM:*
Mauricio Joel Ibarra appeals his sentence following his guilty plea
conviction for conspiracy to distribute methamphetamine. He argues that the
district court clearly erred in finding that he was not a minor participant under
U.S.S.G. § 3B1.2(b). Members of the conspiracy departed Ibarra’s apartment to
engage in the methamphetamine transaction leading to Ibarra’s arrest; Ibarra’s
actions during the transaction were consistent with that of a lookout; and a
search of Ibarra’s apartment revealed methamphetamine, digital scales,
United States Court of Appeals
Fifth Circuit
F I L E D
August 19, 2008
Charles R. Fulbruge III
Clerk

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No. 07-51283
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weapons, ledgers, and $142,897 in cash. The district court’s finding that Ibarra
was not a minor participant was plausible in light of the record as a whole and,
thus, not clearly erroneous. See United States v. Villanueva, 408 F.3d 193,
203-04 (5th Cir. 2005). Accordingly, the judgment of the district court is
AFFIRMED.

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