United States v. Bulmaro Moreno-Meraz

United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 06-1038 ___________ United States of America, * * Appellee, * * Appeal from the United States v. * District Court for the * District of Minnesota. Bulmaro Moreno-Meraz, * * [UNPUBLISHED] Appellant. * ___________ Submitted: January 3, 2007 Filed: January 8, 2007 ___________ Before MURPHY, BYE, and MELLOY, Circuit Judges. ___________ PER CURIAM. Bulmaro Moreno-Meraz appeals the 108-month prison sentence imposed by the district court1 after he pleaded guilty to possession with intent to distribute approximately two pounds of methamphetamine, in violation of 21 U.S.C. § 841(a)(1), (b)(1)(A). On appeal, Moreno-Meraz argues that the district court erred in denying a minor-role reduction. 1 The Honorable Ann D. Montgomery, United States District Judge for the District of Minnesota. The district court did not clearly err in denying the minor-role reduction because Moreno-Meraz knowingly transported 848 grams of 97% pure methamphetamine to a cooperating individual, and he had made a drug delivery to the cooperating individual once before. See United States v. Bustos-Torres, 396 F.3d 935, 947-48 (8th Cir.) (district court’s factual determination of defendant’s role in offense may be reversed only if it is clearly erroneous, and it is defendant’s burden to prove role reduction is warranted), cert. denied, 545 U.S. 1109 (2005) and 126 S. Ct. 203 (2005); United States v. Zuleta, 427 F.3d 1082, 1085-86 (8th Cir. 2005) (per curiam) (affirming denial of minor-role reduction where defendant acted as courier on more than one occasion). Accordingly, we affirm. ______________________________ -2-