UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 06-4108
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
VALENTE CRUZ-BACHO,
Defendant - Appellant.
Appeal from the United States District Court for the District of
South Carolina, at Anderson. Henry M. Herlong, Jr., District
Judge. (8:05-cr-00306-HMH-1)
Submitted: October 31, 2006 Decided: November 21, 2006
Before KING and SHEDD, Circuit Judges, and HAMILTON, Senior Circuit
Judge.
Affirmed by unpublished per curiam opinion.
David B. Betts, Columbia, South Carolina, for Appellant. Reginald
I. Lloyd, United States Attorney, Regan A. Pendleton, Assistant
United States Attorney, Greenville, South Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
Valente Cruz-Bacho was convicted by a jury of one count
of conspiracy to possess with intent to distribute and distribution
of 500 grams or more of cocaine, one count of aiding and abetting
in the possession with intent to distribute 500 grams or more of
cocaine, one count of possession of a firearm in furtherance of a
drug trafficking crime, and one count of possession of a firearm by
an illegal alien, in violation of 18 U.S.C. §§ 2; 922(g)(5)(A);
924(a)(2), (c)(1); 21 U.S.C. §§ 841(a)(1), (b)(1)(B); 846 (2000).
Cruz-Bacho was sentenced to a total term of imprisonment of 130
months. We affirm Cruz-Bacho’s sentence.
On appeal, Cruz-Bacho contends the district court erred
by refusing to grant him a reduction under U.S. Sentencing
Guidelines Manual § 3B1.2 (2004) as a minor participant in the
criminal activity that led to his convictions. When reviewing the
district court’s application of the Sentencing Guidelines, we
review findings of fact for clear error. United States v. Green,
436 F.3d 449, 456 (4th Cir.), cert. denied, 126 S. Ct. 2309 (2006).
The materials included in the joint appendix establish that
Cruz-Bacho, like the other individual involved, served as a drug
courier. Thus, we conclude the district court’s refusal to grant
Cruz-Bacho a reduction for his role in the criminal activity was
not clearly erroneous.
Accordingly, we affirm Cruz-Bacho’s sentence. We
dispense with oral argument because the facts and legal contentions
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are adequately presented in the materials before the court and
argument would not aid the decisional process.
AFFIRMED
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