United States v. Polanco-Ballesteros

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED February 22, 2008 No. 07-50983 Summary Calendar Charles R. Fulbruge III Clerk UNITED STATES OF AMERICA Plaintiff-Appellee v. GONZALO POLANCO-BALLESTEROS Defendant-Appellant Appeal from the United States District Court for the Western District of Texas USDC No. 3:07-CR-954-ALL Before JOLLY, DAVIS, and DeMOSS, Circuit Judges. PER CURIAM:* Gonzalo Polanco-Ballesteros appeals his sentences following his guilty plea convictions for importation of marijuana and possession with intent to distribute marijuana. He argues that the district court clearly erred in finding that he was not a minor participant under U.S.S.G. § 3B1.2(b). He further argues that, as a result of the district court’s error, a presumption of reasonableness does not apply to his sentence and his case must be remanded for resentencing. The district court’s finding that Polanco-Ballesteros was not a minor participant was * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 07-50983 plausible in light of the record as a whole and, thus, not clearly erroneous. See United States v. Villanueva, 408 F.3d 193, 203-04 (5th Cir. 2005). AFFIRMED. 2