United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT June 19, 2007
Charles R. Fulbruge III
Clerk
No. 06-40584
Conference Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
NICOLAS PENA,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. 7:05-CR-149-2
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Before JONES, Chief Judge, and JOLLY and DENNIS, Circuit Judges.
PER CURIAM:*
Nicolas Pena appeals the 96-month sentence imposed following
his guilty plea conviction for importing cocaine. He argues that
the district court erred by not finding that he played a minor
role in the offense and sentencing him accordingly. As Pena
concedes, this claim is reviewed for plain error only due to his
failure to raise it in the district court. See United States v.
Villegas, 404 F.3d 355, 358 (5th Cir. 2005).
Pena has failed to establish that he was less culpable than
other participants in the offense. See U.S.S.G. § 3B1.2,
*
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this opinion should not be published and is not precedent except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. 06-40584
-2-
comment. (n.5). He has not shown that the district court plainly
erred in connection with his sentence. The judgment of the
district court is AFFIRMED.