IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 97-50040
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ARMANDO DE LA ROSA, also known as Psycho,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. CP-960CR-188-1
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August 18, 1997
Before KING, HIGGINBOTHAM, and DUHÉ, Circuit Judges.
PER CURIAM:*
Armando De La Rosa appeals the district court’s overruling
of his objection to the presentence report’s recommendation that
he not be considered a minor participant, which would have
entitled him to a two-point reduction.
This court reviews the application of the United States
Sentencing Guidelines de novo, and it reviews the sentencing
court’s factual findings for clear error. United States v.
*
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that this opinion should not be published and is not precedent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 Local Rule
47.5.4.
No. 97-50040
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Edwards, 65 F.3d 430, 432 (5th Cir. 1995). The role of defendant
in the offense is a factual determination which this court
reviews for clear error. United States v. Davis, 19 F.3d 166,
171 (5th Cir. 1994).
“Minor participant” is any participant who is less culpable
than most other participants but whose role could not be
described as minimal. U.S.S.G. § 3B1.2, comment. (n.3). A
defendant is considered a minor participant only if he
substantially less culpable than the average participant.
The district court did not misapply the Sentencing
Guidelines and did not clearly err in finding that De La Rosa,
who conceded he entered a bank with a revolver, stood guard in
the lobby while another had bags filled with cash, and who fired
three shots in the air when leaving, telling everyone to not
move, was not a minor participant in the bank robbery charge, to
which he pleaded guilty.
AFFIRMED.