IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
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No. 95-30147
Conference Calendar
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UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
PABLO EMILIO MEJIA,
Defendant-Appellant.
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Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 94-CR-20043
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(October 18, 1995)
Before POLITZ, Chief Judge, and REAVLEY and SMITH, Circuit Judges.
PER CURIAM:*
Pablo Emilio Mejia pleaded guilty to one count of possession
of cocaine with intent to distribute. The probation officer
preparing the Presentence Report (PSR) recommended no adjustments
to Mejia's base offense level for his role in the offense, and
Mejia filed no objections to the PSR. Mejia was sentenced to 150
months imprisonment, five years supervised release, and a $50
special assessment.
*
Local Rule 47.5 provides: "The publication of opinions
that have no precedential value and merely decide particular
cases on the basis of well-settled principles of law imposes
needless expense on the public and burdens on the legal
profession." Pursuant to that Rule, the court has determined
that this opinion should not be published.
No. 95-30147
-2-
Appointed counsel for appellant, Eugene A. Bouquet, has
filed a brief that does not comply with Fed. R. App. P. 28. It
cites no legal authority and makes no record references. This
court is not satisfied with his unprofessional performance.
Ordinarily, he would be required to rewrite to comply with the
rules. Having looked at this record and the contentions,
however, we see no reason to postpone decision.
This court reviews for plain error the denial of the two-
level reduction for minor participant status. United States v.
Navejar, 963 F.2d 732, 734 (5th Cir. 1992). A courier is not
automatically entitled to a minor participant adjustment. United
States v. Hewin, 877 F.2d 3, 5 (5th Cir. 1989). Mejia was
driving a car with 105 kilograms of cocaine in a hidden
compartment in the car. Given the quantity of the cocaine, the
district court could determine that he was not a minor
participant. Mejia cannot demonstrate error, plain or otherwise.
United States v. Calverley, 37 F.3d 160, 162-64 (5th Cir. 1994)
(en banc), cert. denied, 115 S. Ct. 1266 (1995).
Mejia also argues that he was entitled to a downward
departure to the statutory minimum sentence. If a defendant is
sentenced within the applicable guideline range appellate review
is limited to determining whether the guidelines were correctly
applied. United States v. Soliman, 954 F.2d 1012, 1013 (5th Cir.
1992). Mejia has not demonstrated any mitigating circumstances
warranting a downward departure. Id. at 1014; U.S.S.G. § 5K2.0.
AFFIRMED.