IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-51001
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JOSE EMILIO SILVA, JR.,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. EP-00-CR-200-ALL-DB
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June 18, 2002
Before HIGGINBOTHAM, DAVIS, and EMILIO M. GARZA, Circuit Judges.
PER CURIAM:*
Jose Emilio Silva, Jr., whose true name is Fernando Badillo,
appeals his sentence following a guilty plea to one count of
importation of marijuana and one count of possession of marijuana
with intent to distribute. He argues that the district court
clearly erred when it denied Silva’s request for a minor role
reduction pursuant to U.S.S.G. § 3B1.2(b).
*
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that this opinion should not be published and is not precedent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. 01-51001
-2-
Silva did not demonstrate by a preponderance of the evidence
that he was entitled to a two-level reduction based on his role
in the offense. United States v. Zuniga, 18 F.3d 1254, 1261 (5th
Cir. 1994). Accordingly, the district court did not err when it
denied a two-level reduction. Silva’s sentence is AFFIRMED.