IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 15-41626

Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

MANUEL CHACON-LARA,

Defendant-Appellant

Appeals from the United States District Court

for the Southern District of Texas

USDC No. 7:14-CR-1871-1

Before JONES, WIENER, and CLEMENT, Circuit Judges.

PER CURIAM:*

Manuel Chacon-Lara pleaded guilty pursuant to a plea agreement to 

possession with intent to distribute 500 kilograms or more of 

methamphetamine. Chacon-Lara argues on appeal that his within-guidelines 

sentence of 108 months of imprisonment is procedurally unreasonable for two 

reasons. 

 

* 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.

United States Court of Appeals

Fifth Circuit

FILED

May 31, 2017

Lyle W. Cayce

Clerk

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No. 15-41626

2

First, with respect to Chacon-Lara’s assertion that the district court 

erred in denying him a two-level minor role adjustment under U.S.S.G. 

§ 3B1.2(b), there was no clear procedural error. See United States v. 

Villanueva, 408 F.3d 193, 203 & n.9 (5th Cir. 2005). The presentence report 

(PSR) determined that Chacon-Lara was searching for a driver to transport 

methamphetamine, that he planned to pay $1,000 for each kilogram of 

methamphetamine transported, and that he planned future deliveries of large 

quantities of methamphetamine. Later, agents overheard Chacon-Lara tell a 

confidential source (CS) that Chacon-Lara had two packets of 

methamphetamine and observed him give several hundred dollars to the CS 

for expenses incurred while transporting the methamphetamine. Chacon-Lara 

informed the CS that he would give the CS contact information for the recipient 

of the drugs and mentioned future shipments of methamphetamine. 

Although Chacon-Lara disputes this version of events, arguing that he 

merely introduced the CS to the methamphetamine supplier, the PSR’s factual 

findings were presumed reliable and were properly adopted by the district 

court, as Chacon-Lara failed to offer any rebuttal evidence. See United States 

v. Gomez-Alvarez, 781 F.3d 787, 796 (5th Cir. 2015). Based on the foregoing, 

the district court’s conclusion that Chacon-Lara failed to show that he was 

entitled to a reduction for a minor role is “plausible in light of the whole record.” 

United States v. Villanueva, 408 F.3d 193, 203 (5th Cir. 2005). 

Second, Chacon-Lara contends for the first time on appeal that the 

district court erred by failing to adequately explain why his actions made him 

as culpable as the average participant. See United States v. Melton, 930 F.2d 

1096, 1099 (5th Cir. 1991). The district court repeatedly stated that ChaconLara was not a minor participant and clearly explained its reasons for that 

conclusion. Accordingly, there was no procedural error in this regard, plain or 

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otherwise. See United States v. Peltier, 505 F.3d 389, 392 (5th Cir. 2007); see 

also United States v. Gallegos, 868 F.2d 711, 713 (5th Cir. 1989). 

Chacon-Lara’s appointed counsel on appeal, Vivian R. King, has moved 

for leave to withdraw. Chacon-Lara has moved for the appointment of 

substitute counsel. The motion for the appointment of new counsel is 

DENIED. King’s motion to withdraw is premature and will be HELD IN 

ABEYANCE. King should, within 20 days of this decision, submit 

documentation to this court showing that she has fulfilled her obligations to 

Chacon-Lara as set forth in Section 6 of the Fifth Circuit Plan under the 

Criminal Justice Act.

The judgment of the district court is AFFIRMED.

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