United States Fifth Circuit

Defendants' sentences imposed on remand for their participation in a conspiracy to distribute methamphetamine are affirmed where: 1) under the mandate rule, defendants waived various objections regarding certain defendants' requests for a decrease for minimal or minor participant; 2) the district court erroneously concluded that the mandate rule precluded other defendants from raising objections to their conspiracy sentences for minor or minimal participation; but 3) there was no clear error in a finding that defendants had not met their burden of proof that they were substantially less culpable than the average participant in the conspiracy.

Appellate Information

• Decided 04/01/2008
• Published 04/01/2008

Judges

• JERRY E. SMITH, Circuit Judge:, Before SMITH and PRADO, Circuit Judges, and YEAKEL, District Judge.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Joseph H. Gay, Jr., Asst. U.S. Atty., Mark Twain Roomberg, San Antonio, TX, for U.S., Stephen W. Spurgin, Marfa, TX, for Griffith., Franklin H. McCallum, Midland, TX, for Lewis., David Glenn Rogers, Fivecoat & Rogers, Midland, TX, for Martin., Grayson Kirk Meade, Meade & Nehring Law Office, Alpine, TX, for Wren.