United States v. Miguel Fabian Ramirez-Melgosa

960 F.2d 153 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Miguel Fabian RAMIREZ-MELGOSA, Defendant-Appellant. No. 91-50360. United States Court of Appeals, Ninth Circuit. Submitted April 7, 1992. * Decided April 21, 1992. Before BOOCHEVER, WILLIAM A. NORRIS and NOONAN, Circuit Judges. 1 MEMORANDUM ** 2 Ramirez-Melgosa pled guilty to possession of cocaine with intent to distribute in violation of 21 U.S.C. § 841 (a)(1). At sentencing, the district court correctly concluded that the appropriate base offense level is 30. He then reduced that offense level by two point for "minor participation" and an additional two points for acceptance of responsibility. The district court also correctly concluded that defendant's criminal history category is III. 3 Defendant asked for a further two-point reduction in his base offense level on the ground that he was a minimal participant. The district court refused: it found that…