United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT April 11, 2006
Charles R. Fulbruge III
Clerk
No. 05-10682
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
CURTIS LEE HUNT,
Defendant-Appellant.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:04-CR-180-3
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Before JONES, Chief Judge, and JOLLY and DAVIS, Circuit Judges.
PER CURIAM:*
Curtis Lee Hunt appeals his sentence for possession with
intent to distribute more than 5 grams of a mixture and substance
containing a detectable amount of cocaine base. Hunt argues that
the district court erred by not reducing his offense level in
accordance with U.S.S.G. § 3B1.2 for a mitigating role in the
offense. Because Hunt did not raise this argument in the
district court, review is limited to plain error. See United
States v. Green, 324 F.3d 375, 381 (5th Cir. 2003).
*
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this opinion should not be published and is not precedent except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. 05-10682
-2-
As Hunt correctly asserts, the conspiracy involved two other
individuals and distributed more than 50 grams of cocaine base,
and he was involved in only a small part of the overall
conspiracy. Had Hunt been sentenced based on the entire
conspiracy, his argument for minor participant status would have
some force. As Hunt admits, his base offense level was not based
on the entire conspiracy. Hunt’s offense level was based only on
the possession of cocaine base in which he actively participated.
A reduction under § 3B1.2 is not required when the defendant’s
sentence is based on his own conduct rather than the larger
conspiracy. United States v. Atanda, 60 F.3d 196, 199 (5th Cir.
1995).
To the extent that Hunt argues that the sentence was not
reasonable, the argument is not persuasive. The district court
noted that the testimony of the tragic facts of Hunt’s life had
persuaded the court not to impose a sentence at the high end of
the applicable range. See United States v. Alonzo, 435 F.3d 551,
553 (5th Cir. 2006).
AFFIRMED.