Case: 10-40400 Document: 00511339182 Page: 1 Date Filed: 01/04/2011
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
January 4, 2011
No. 10-40400
Summary Calendar Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
REYNALDO GONZALES,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 7:09-CR-1240-1
Before REAVLEY, DENNIS, and CLEMENT, Circuit Judges.
PER CURIAM:*
Reynaldo Gonzales appeals his 57-month sentence imposed following his
guilty plea conviction for possession with intent to distribute marijuana. He
argues that the district court erred by denying him a mitigating role adjustment.
The district court did not clearly err in denying the mitigating role
adjustment. See United States v. Villanueva, 408 F.3d 193, 203 n.9 (5th Cir.
2005). Gonzales arranged for a driver to transport marijuana and remained in
contact with the driver while he transported it. After the load was allegedly
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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.
Case: 10-40400 Document: 00511339182 Page: 2 Date Filed: 01/04/2011
No. 10-40400
seized, Gonzales requested proof of the seizure. Thus, it cannot be said that
Gonzales’s involvement in the offense was peripheral to the advancement of the
illicit activity. See id. at 204. Accordingly, the judgment of the district court is
AFFIRMED.
2