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[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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No. 14-10408
Non-Argument Calendar
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D.C. Docket No. 8:13-cr-00295-RAL-TBM-2
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ALEJANDRA VEGA-DELGADO,
Defendant-Appellant.
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Appeal from the United States District Court
for the Middle District of Florida
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(July 17, 2014)
Before HULL, MARCUS and PRYOR, Circuit Judges.
PER CURIAM:
Alejandra Vega-Delgado appeals her sentence of 46 months of
imprisonment, following her pleas of guilty to conspiring to possess and to
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possessing with intent to distribute cocaine. 21 U.S.C. §§ 841(a)(1), 841(b)(1)(C);
846. Vega-Delgado argues that she was entitled to a reduction in her base offense
level for her minor role in the offense. We affirm.
The district court did not clearly err by denying Vega-Delgado’s request for
a reduction for her minor role. A defendant is eligible for a two-level reduction in
her base offense level if she “was a minor participant,” United States Sentencing
Guidelines Manual § 3B1.2(b) (Nov. 2013), whose “part in committing the offense
. . . ma[de] [her] substantially less culpable than the average participant,” id.
§ 3B1.2 cmt. n.3(A). To warrant a reduction, the defendant’s role in the offense
must be minor in comparison to her relevant conduct and in comparison to other
participants in the offense. United States v. Alvarez-Coria, 447 F.3d 1340, 1343
(11th Cir. 2006). Based on the information in Vega-Delgado’s presentence
investigation report, to which she did not object, see United States v. Turner, 626
F.3d 566, 572 (11th Cir.2010), her relevant conduct is identical to her actual
conduct, which consisted of transporting 2.73 kilograms of cocaine from Texas to
Florida; calling a confidential source to obtain a buyer; scheduling the transaction;
and transferring the cocaine from the confidential source’s residence to the trunk of
a vehicle used to transport the cocaine to the buyer. And Vega-Delgado’s conduct
is not “substantially less” than that of her codefendant, who negotiated the price
and delivered the cocaine to the buyer. See U.S.S.G. § 3B1.2 cmt. n.3(A).
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We AFFIRM Vega-Delgado’s sentence.
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