United States v. Edgar Inda-Lares

MEMORANDUM

Edgar Alberto Inda-Lares appeals from the 57-month sentence imposed following his guilty-plea conviction for conspiracy to import cocaine, in violation of 21 U.S.C. §§ 846 , 952(a), and 960. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Inda-Lares first contends that the district court erred in denying him a minor role adjustment under U.S.S.G. § 3B1.2(b). Contrary to Inda-Lares’ assertion, the district court did not assert that a drug courier is never entitled to a minor role adjustment. Rather, it concluded that an adjustment was not warranted in this case. The court’s determination was not clearly erroneous. See United States v. Cantrell, 433 F.3d 1269, 1282-83 (9th Cir.2006) (stating standard of review and holding that denial of minor role adjustment was not clear error where evidence showed that the defendant engaged in several drug pick-ups); United States v. Hursh, 217 F.3d 761, 770 (9th Cir.2000) (denial of minor role adjustment not clear error where the defendant was the sole driver and occupant of a car in which a substantial amount of drugs were hidden).

Inda-Lares next contends that the government breached the plea agreement by arguing on…