United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT June 29, 2006
Charles R. Fulbruge III
Clerk
No. 05-41534
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JUAN HERNANDEZ, also known as Juanito,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. 1:05-CR-43-4
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Before KING, WIENER, and DeMOSS, Circuit Judges.
PER CURIAM:*
Juan Hernandez was convicted of one charge of conspiracy to
possess more than five kilograms of cocaine with intent to
distribute and sentenced to serve 144 months in prison and a
five-year term of supervised release. Hernandez argues on appeal
that the district court erred by denying his request for an
adjustment to his sentence based on his allegedly minor role in
the offense and that 21 U.S.C. § 841(a),(b) is unconstitutional
under Apprendi v. New Jersey, 530 U.S. 466 (2000).
*
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this opinion should not be published and is not precedent except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. 05-41534
-2-
Hernandez contends that he was significantly less culpable
than other participants in the underlying offense and that he
should have received a corresponding reduction to his sentence.
The district court’s conclusion that Hernandez was not entitled
to this adjustment is plausible in light of the record as a
whole. See United States v. Villanueva, 408 F.3d 193, 203 & n.9
(5th Cir.), cert. denied, 126 S. Ct. 268 (2005). Consequently,
Hernandez has not shown that he should receive relief on this
issue. Hernandez’s contention that § 841 is unconstitutional is,
as he concedes, foreclosed. See United States v. Slaughter, 238
F.3d 580 (5th Cir. 2000).
Hernandez has shown no error in the district court’s
judgment. Consequently, that judgment is AFFIRMED.