United States Court of Appeals
Fifth Circuit
FILED
IN THE UNITED STATES COURT OF APPEALS December 16, 2004
FOR THE FIFTH CIRCUIT
Charles R. Fulbruge III
Clerk
No. 04-50427
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
EDUARDO GARCIA,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. 3:03-CR-2326-ALL-PRM
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Before KING, Chief Judge, and DeMOSS and CLEMENT, Circuit Judges.
PER CURIAM:*
Eduardo Garcia appeals his sentence following his guilty-
plea conviction of importation of a controlled substance and
possession with intent to distribute a controlled substance.
Garcia argues that the district court clearly erred by failing to
award him a two-level reduction under U.S.S.G. § 3B1.2(b) for
having a minor role in the offense. He argues that he was merely
a drug courier who was to be paid a small fee for driving a car
containing marihuana across the border from Mexico into the
*
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this opinion should not be published and is not precedent except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. 04-50427
-2-
United States. He contends that other participants in the
offense were more culpable.
Garcia admitted to contacting the man who hired him as a
courier, as well as to accompanying this man to purchase the
vehicle in which the drugs were hidden. Garcia knew that the
vehicle contained drugs and that he was to deliver the vehicle to
an individual in the United States and was to be paid for his
efforts. The district court did not clearly err by denying
Garcia an adjustment for playing a minor role in the offense.
See United States v. Gallegos, 868 F.2d 711, 713 (5th Cir. 1989);
United States v. Buenrostro, 868 F.2d 135, 137-38 (5th Cir.
1989).
AFFIRMED.