USA v. Bienvenido Ramirez-Leonardo

Filing 920100614

Case: 09-40688

Document: 00511139748

Page: 1

Date Filed: 06/11/2010

IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED
No. 09-40688 Summary Calendar June 11, 2010 Lyle W. Cayce Clerk

UNITED STATES OF AMERICA, Plaintiff-Appellee, versus BIENVENIDO RAMIREZ-LEONARDO, Defendant-Appellant.

Appeal from the United States District Court for the Southern District of Texas No. 7:08-CR-1310-1

Before DAVIS, SMITH, and DENNIS, Circuit Judges. PER CURIAM:*

Bienvenido Ramirez-Leonardo appeals the sentence imposed following his plea of guilty of importation of heroin. He argues that the factual basis for his plea did not establish that he knowingly imported a particular quantity of a particular drug into the United States, so his plea should be vacated. He correctly concedes, however, that that argument is

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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

*

Case: 09-40688

Document: 00511139748

Page: 2

Date Filed: 06/11/2010

No. 09-40688 foreclosed by United States v. Betancourt, 586 F.3d 303 (5th Cir. 2009), cert. denied, __S. Ct.__, 2010 WL 562914 (U.S. Mar. 22, 2010) (No. 09-9048); he raises the argument solely to preserve its further review by the Supreme Court. Ramirez-Leonardo additionally contends that the district court clearly erred in denying him a minor-role adjustment pursuant to U.S.S.G. § 3B1.2(b). Ramirez-Leonardo's reliance on his alleged courier status, alone, is unavailing. See United States v. Martinez-Larraga, 517 F.3d 258, 272 (5th Cir. 2008); United States v. Jenkins, 487 F.3d 279, 282 (5th Cir. 2007). The unrebutted facts established that Ramirez-Leonardo imported a large amount of heroin into the United States from the Dominican Republic; traveled a long distance with the heroin in hidden compartments in the soles of multiple pairs of his shoes; was to be paid a large sum of money for his role in the criminal activity; and was solely responsible for transporting the heroin to its final destination of New York. Based on the foregoing, it cannot be said that Ramirez-Leonardo was "peripheral to the advancement of the criminal activity" and thus a minor participant. See Martinez-Larraga, 517 F.3d at 272. AFFIRMED.