UNITED STATES v. GARCIA SILVA (2020)

Pablo Rolando Garcia-Silva appeals the within-guidelines, 96-month sentence imposed following his guilty plea conviction for conspiracy to possess with intent to distribute five kilograms or more of cocaine, in violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(A), and 846. His sole argument on appeal is that the district court erred by denying his request for a minor role adjustment under U.S.S.G. § 3B1.2.

Whether a defendant is a minor participant under § 3B1.2 is a factual question reviewed for clear error. United States v. Gomez-Valle, 828 F.3d 324, 327 (5th Cir. 2016). “A factual finding is not clearly erroneous if it is plausible in light of the record read as a whole.” Id. (internal quotation marks and citation omitted).

The district court found that Garcia-Silva was at least an average participant and that finding is plausible in light of the record as a whole. See id. Thus, the district court did not clearly err in finding that Garcia-Silva was not a minor participant and denying his request for a mitigating role adjustment. See id.; United States v. Villanueva, 408 F.3d 193, 204 (5th Cir. 2005).

The district court’s judgment is therefore AFFIRMED.

FOOTNOTES

FOOTNOTE.  

PER CURIAM:* FN* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.