
USCA1 Opinion

	




                                [NOT FOR PUBLICATION]                            UNITED STATES COURT OF APPEALS                                FOR THE FIRST CIRCUIT                                 ____________________        No. 96-1493                                    UNITED STATES,                                      Appellee,                                          v.                                 ELADIO CAMACHO, JR.,                                 A/K/A DAVID RICHARD,                                 A/K/A HECTOR PEREZ,                                Defendant, Appellant.                                 ____________________                     APPEAL FROM THE UNITED STATES DISTRICT COURT                           FOR THE DISTRICT OF PUERTO RICO                    [Hon. Jose Antonio Fuste, U.S. District Judge]                                              ___________________                                 ____________________                                        Before                               Selya, Boudin and Lynch,                                   Circuit Judges.                                   ______________                                 ____________________            Benicio Sanchez Rivera,  Federal Public Defender, and Miguel  A.A.            ______________________                                ____________        Nogueras-Castro,  Assistant Federal  Public  Defendant, on  brief  for        _______________        appellant.            Guillermo  Gil,   United  States   Attorney,  Nelson   Perez-Sosa,            ______________                                ___________________        Assistant United States Attorney,  and Jose A. Quiles-Espinosa, Senior                                               _______________________        Litigation Counsel, on brief for appellee.                                 ____________________                                   February 4, 1997                                 ____________________                      Per  Curiam.    Eladio  Camacho  appeals  from  his                      ___________            sentence  on the sole ground that the district court erred in            denying him a two-level reduction for his "minor" role in the            offense under  U.S.S.G.  3B1.2(b).   In a  Supplemental Order            dated December 4, 1996, the district court found that Camacho            was  not  "less  culpable   than  most  other  participants."            U.S.S.G.    3B1.2,   comment.   (n.3).     We   review   such            determinations  only for  clear error.  See United  States v.                                                    ___ ______________            Rostoff, 53 F.3d 398, 413 (1st Cir. 1995).  "'Where more than            _______            one reasonable inference may be drawn from  undisputed facts,            the court's choice from among supportable alternatives cannot            be clearly  erroneous.'" United  States v. Rodriguez  Cortes,                                     ______________    _________________            949 F.2d 532, 546-47 (1st Cir. 1991) (citation omitted).                 The  district court's  role-in-the-offense determination            in this case was  not clearly erroneous.  "[A]  defendant who            is a drug courier is not entitled as of right  to a reduction            of the  offense  level as  a minimal  or minor  participant."                                                  ________            United  States v.  Lopez-Gil, 965  F.2d 1124, 1131  (1st Cir.            ______________     _________            1992)  (emphasis added).   The  undisputed fact  that Camacho            acted as a drug courier  does not entitle him to a  two-level            reduction for minor participation  and the court's refusal to            grant a reduction was not clearly erroneous.                 Camacho's sentence is affirmed. See Loc. R. 27.1.                                       ________  ___                                         -2-
