[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FILED
FOR THE ELEVENTH CIRCUIT U.S. COURT OF APPEALS
________________________ ELEVENTH CIRCUIT
JUNE 26, 2006
No. 05-14336 THOMAS K. KAHN
Non-Argument Calendar CLERK
________________________
D. C. Docket No. 04-00607-CR-T-17-MAP
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JUAN CARLOS TRIGUEROS ROJAS,
Defendant-Appellant.
________________________
Appeal from the United States District Court
for the Middle District of Florida
_________________________
(June 26, 2006)
Before MARCUS, WILSON and PRYOR, Circuit Judges.
PER CURIAM:
Juan Carlos Trigueros Rojas appeals his sentence of 135 months of
imprisonment for drug trafficking. Rojas argues that the district court clearly erred
by not granting Rojas a minor-role reduction under section 3B1.2 of the United
States Sentencing Guidelines. We affirm.
Rojas was one of six crew members on a vessel that the United States Coast
Guard intercepted near Colombia. The Coast Guard discovered, on the vessel and
in the water around the vessel, approximately 1850 kilograms of cocaine packaged
in bales. Rojas was arrested, and he pleaded guilty to conspiracy to possess with
intent to distribute, and possession of with intent to distribute, 5 or more kilograms
of cocaine. 46 U.S.C. app. §1903; 21 U.S.C. § 960(b)(1)(B)(ii).
At sentencing, Rojas objected that the presentence investigation report did
not recommend a minor-role reduction under section 3B1.2 of the sentencing
guidelines. Rojas asserted that, during the voyage on the vessel, he was seasick
and unable to help the other drug traffickers. Rojas explained that, in contrast to
his co-conspirators, he was unfamiliar with the sea. An agent of the government
testified, based on an investigation that included interviews with the other crew
members, that Rojas was a “load guard” on the vessel. The district court overruled
Rojas’s objection and sentenced him to 135 months of imprisonment.
Rojas argues that the district court clearly erred by not granting him a minor-
role reduction. We review “a district court’s determination of a defendant’s role in
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the offense . . . for clear error.” United States v. De Varon, 175 F.3d 930, 937
(11th Cir. 1999) (en banc). Section 3B1.2(b) of the sentencing guidelines provides
for a reduction of the offense level in the case of a defendant “who is less culpable
than most other participants, but whose role could not be described as minimal.”
U.S.S.G. § 3B1.2 cmt. n.5 (2004). A “district court must measure the defendant’s
role against the relevant conduct for which []he has been held accountable,” De
Varon, 175 F.3d at 940, and “may also measure the defendant’s culpability in
comparison to that of other participants in the relevant conduct,” id. at 944. “The
defendant bears the burden of proving his minor role by a preponderance of the
evidence.” United States v. Boyd, 291 F.3d 1274, 1277 (11th Cir. 2002).
Rojas’s argument fails. Rojas’s role as a load guard of a crew on a vessel
trafficking over 1800 kilograms of cocaine cannot “be described as minimal” when
measured against the conduct for which he was held accountable. Rojas also
cannot be considered “less culpable” than the other crew members because he
might have had less drug trafficking experience than them or was seasick.
AFFIRMED.
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