IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 96-10268
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JESUS HERNANDEZ,
Defendant-Appellant.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:95-CR-102-Y
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December 10, 1996
Before WIENER, BARKSDALE, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Jesus Hernandez appeals the 87-month sentence imposed by the
district court following the acceptance of his guilty plea for
possession with intent to distribute methamphetamine. Hernandez
argues that the district court clearly erred in not finding that
he was a minor participant in the drug conspiracy and reducing
his offense level accordingly under § 3B1.2 of the U.S.
Sentencing Guidelines. Because Hernandez was responsible for a
*
Pursuant to Local Rule 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that this opinion should not be published and is not precedent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 Local Rule
47.5.4.
No. 96-10268
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large quantity of methamphetamine, 1.8 kilograms, seized from his
residence, and because he was held responsible for only the
amount of drugs that he actually possessed, § 3B1.2 does not
require a reduction in his base offense level even though his
activity in the overall drug conspiracy may have been minor.
United States v. Atanda, 60 F.3d 196, 199 (5th Cir. 1995); United
States v. Lampkins, 47 F.3d 175, 180-81 (7th Cir.), cert. denied,
115 S. Ct. 1440 (1995).
AFFIRMED.