United States v. Navarette

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 97-30992 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus ROMULO NAVARETTE, Defendant-Appellant. - - - - - - - - - - Appeal from the United States District Court for the Eastern District of Louisiana USDC No. 97-CR-100-L - - - - - - - - - - June 17, 1998 Before DAVIS, PARKER, and DENNIS, Circuit Judges. PER CURIAM:* Romulo Navarette appeals from his sentence for possession with intent to distribute cocaine and from the denial of his postjudgment motion to reduce his offense level by two levels for his role in the offense. Navarette contends solely that the district court should have reduced his offense level for his role in the offense. Because no objections were made to the presentence report or at sentencing, our review of the district court’s actions at * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. No. 97-30992 -2- sentencing is under the plain-error standard. United States v. Calverley, 37 F.3d 160, 162-64 (5th Cir. 1994)(en banc). Navarette’s offense level was based on the amount of cocaine taken from him. The district court therefore did not err by denying him an adjustment for his role in the offense. United States v. Atanda, 60 F.3d 196, 199 (5th Cir. 1995). AFFIRMED.