United States v. Saenz-Castaneda

* 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this opinion should not be published and is not precedent except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
June 19, 2007
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 06-51194
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
EFREN ENRIQUE SAENZ-CASTANEDA, also known as Efren E. Saenz-
Castaneda,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. 3:04-CR-170-ALL
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Before JONES, Chief Judge, and JOLLY and DENNIS, Circuit Judges.
PER CURIAM:*
Efren Enrique Saenz-Castaneda (Saenz) appeals the sentence
imposed following his guilty plea to 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 Saenz 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).

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No. 06-51194
-2-
AFFIRMED.

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