Legal Opinion

United States v. Daniel Alfaro-Martinez

Court of Appeals for the Fifth Circuit

Decided April 13, 2012No. 11-40885Unpublished

1Opinion of the Court

PER CURIAM: *

Daniel Agustín Alfaro-Martinez (Alfaro) appeals the 46-month sentence imposed following his guilty plea conviction of possession with intent to distribute 100 kilograms or more of marijuana. He argues that the district court clearly erred by denying him a two-level reduction pursuant to U.S.S.G. § 3B1.2 for his minor role in the offense because he served as a mere courier.

Following United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), this court continues to review a district court’s application of the Sentencing Guidelines de novo and its factual findings…

2Cases cited6 opinions

  1. United States v. BookerSupreme Court of the United States · 2004
  2. United States v. VillanuevaCourt of Appeals for the Fifth Circuit · 2005
  3. United States v. Leonard Orozco BuenrostroCourt of Appeals for the Fifth Circuit · 1989
  4. United States v. GarciaCourt of Appeals for the Fifth Circuit · 2001
  5. United States v. FranklinCourt of Appeals for the Fifth Circuit · 2009

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