United States v. Alvarez

UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT __________________ No. 95-20032 Summary Calendar __________________ UNITED STATES OF AMERICA, Plaintiff-Appellee, versus JAVIER ANEIDER ALVAREZ, Defendant-Appellant. ______________________________________________ Appeal from the United States District Court for the Southern District of Texas (CR-H-94-195-2) ______________________________________________ April 18, 1996 Before SMITH, BENAVIDES, and DENNIS, Circuit Judges. PER CURIAM:* Javier Aneider Alvarez argues that the district court clearly erred in denying him an adjustment for his minor role in the offense. We have reviewed the record and the briefs of the parties and find no reversible error. In so concluding we note that the fact that a codefendant is more culpable does not automatically qualify a defendant for either minor or minimal participant status. See * Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4. United States v. Thomas, 963 F.2d 63, 65 (5th Cir. 1992). Further, the district court is not required to accept a defendant's self- serving statements about his role in the offense. United States v. Brown, 54 F.3d 234, 241 (5th Cir. 1995). Appellant's admissions that he had transported a significant amount of drugs and that he was responsible for picking up the funds due in a drug deal worth one-half million dollars indicates that he was a trusted member of a drug organization rather than a mere courier. See United States v. Thomas, 963 F.2d at 65. AFFIRMED. 2