UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 03-4789
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
RICARDO SANCHEZ,
Defendant - Appellant.
Appeal from the United States District Court for the Southern
District of West Virginia, at Charleston. Charles H. Haden II,
District Judge. (CR-02-213)
Submitted: February 19, 2004 Decided: February 25, 2004
Before NIEMEYER and SHEDD, Circuit Judges.*
Affirmed by unpublished per curiam opinion.
David O. Schles, STOWERS & ASSOCIATES, Charleston, West Virginia,
for Appellant. Kasey Warner, United States Attorney, R. Booth
Goodwin II, Assistant United States Attorney, Charleston, West
Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
*
The opinion is filed by a quorum of the panel pursuant to 28
U.S.C. § 46(d) (2000).
PER CURIAM:
Ricardo Sanchez entered a guilty plea to membership in a
conspiracy to steal goods moving as an interstate shipment of
freight, in violation of 18 U.S.C. § 371 (2000). He was sentenced
to thirty-seven months incarceration, three years of supervised
release, and a $100 special assessment. Sanchez appeals.
On appeal, Sanchez argues he had a minimal or minor role
in the conspiracy, and at sentencing the district court should,
therefore, have reduced his offense level under U.S. Sentencing
Guidelines Manual § 3B1.2 (2003). We review the district court’s
factual determinations for clear error and its legal determinations
de novo. United States v. Akinkoye, 185 F.3d 192, 201 (4th Cir.
1999). Sanchez’s claim is meritless. Sanchez fails to establish
he was a minimal or minor participant in the conspiracy. USSG
§ 3B1.2.
Accordingly, we affirm Sanchez’s conviction and sentence.
We dispense with oral argument because the facts and legal
contentions are adequately presented in the materials before the
court and argument would not aid in the decisional process.
AFFIRMED
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