IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-20389
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
FRANCISCO JOSE VILLAGRA-MONTALVAN,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-00-CR-683-1
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June 19, 2002
Before HIGGINBOTHAM, DAVIS, and EMILIO M. GARZA, Circuit Judges.
PER CURIAM:*
Francisco Jose Villagra-Montalvan (“Villagra”) challenges
his sentence following his guilty-plea conviction for possession
with intent to distribute one kilogram or more of heroin and
importation of that amount of heroin, in violation of 21 U.S.C.
§§ 841(a)(1), 952(a), 960(b)(1)(A).
Villagra argues that the district court erred by not
considering his uncorroborated statements made during the safety-
*
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that this opinion should not be published and is not precedent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. 01-20389
-2-
valve debriefing in determining whether Villagra played a minor
or minimal role in the offense. Because Villagra did not raise
this argument at sentencing, we review it under the plain-error
standard. See United States v. Calverley, 37 F.3d 160, 162-64
(5th Cir. 1994)(en banc).
Even if the court should have considered Villagra’s
uncorroborated debriefing statements in determining the role-in-
the-offense reduction, Villagra did not offer these statements as
evidence either at sentencing or through his objections to the
presentence report, nor did Villagra offer any testimony about
his role in the offense. Because the debriefing statements were
not offered as evidence of Villagra’s role in the offense, the
district court did not err in not considering them.
Villagra does not argue that, based on the evidence that was
presented, the district court’s finding that he was not a minor
or minimal participant was clearly erroneous. By not briefing
this issue, Villagra has waived it. See Brinkmann v. Dallas
County Deputy Sheriff Abner, 813 F.2d 744, 748 (5th Cir. 1987).
AFFIRMED.