IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 02-50708
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
SERGIO RICARDO AYALA-ZAVALA,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. EP-02-CR-315-ALL-DB
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February 19, 2003
Before WIENER, EMILIO M. GARZA, and CLEMENT, Circuit Judges.
PER CURIAM:*
Sergio Ricardo Ayala-Zavala pleaded guilty to importing
marijuana and to possession with intent to distribute marijuana
and was sentenced to 50 months of imprisonment on each count to
run concurrently, three years of supervised release on each count
to run concurrently, and a $200 special assessment. He argues
that the district court erred in denying a reduction in his
offense level for his minor role in the offense. The district
court made necessary findings in denying the adjustment under
*
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that this opinion should not be published and is not precedent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. 02-50708
-2-
U.S.S.G. § 3B1.2 by adopting the presentence report. See United
States v. Gallardo-Trapero, 185 F.3d 307, 323-24 (5th Cir. 1999).
The district court was not required to accept Ayala-Zavala’s
self-serving statements about his role in the offense. See
United States v. Brown, 54 F.3d 234, 241 (5th Cir. 1995).
Because he acted as a courier for a single shipment of a large
quantity of marijuana, the district court did not err in finding
that he was not a minor participant. See United States v.
Gallegos, 868 F.2d 711, 713 (5th Cir. 1989).
AFFIRMED.
United States v. Ayala-Zavala
Combined Opinion