United States v. Gonzalez, No. 98-41107 (5th Cir. July 23, 1999). · Go Syfert
United States v. Gonzalez, No. 98-41107 (5th Cir. July 23, 1999). Book View Copy Cite
No syfertize treatment data for this case.
Retrieving the full opinion text from the archive…
United States
v.
Gonzalez
98-41107.
Court of Appeals for the Fifth Circuit.
Jul 23, 1999.
Unpublished opinion
Unpublished
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT

No. 98-41107
Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

HECTOR GABRIEL GONZALEZ,

Defendant-Appellant.

--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. M-98-CR-195-1
--------------------
July 23, 1999

Before KING, Chief Judge, and HIGGINBOTHAM and STEWART, Circuit Judges.

PER CURIAM:*

Hector Gabriel Gonzalez appeals his sentence after pleading guilty to possession with intent to distribute cocaine. He argues that the district court erred in failing to apply the safety-valve provision of U.S.S.G. § 5C1.2. He contends that the district court erred in finding that he possessed a weapon, i.e, his vehicle. The district court did not clearly err or misapply the guidelines in finding that the safety-valve provision did not

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.

No. 98-41107 apply to Gonzalez based on his actions in forcing the trooper’s vehicle off the road with his vehicle. See United States v. Morris, 131 F.3d 1136, 1138-39 (5th Cir. 1997).

Gonzalez argues that the district court erred when it failed to award him a downward adjustment for being a minor participant. The record indicates that Gonzalez played an integral role in transporting the cocaine. He caused an accident with the trooper’s vehicle in order to protect the load vehicle. The district court did not clearly err in finding that Gonzalez was not entitled to a downward adjustment for minor participation. See United States v. Zuniga, 18 F.3d 1254, 1261 (5th Cir. 1994).

AFFIRMED.