United States v. Gabriel Barragan

961 F.2d 217 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Gabriel BARRAGAN, Defendant-Appellant. No. 91-30171. United States Court of Appeals, Ninth Circuit. Submitted April 20, 1992. * Decided April 22, 1992. Before FARRIS, O'SCANNLAIN and TROTT, Circuit Judges. 1 MEMORANDUM ** 2 Gabriel Barragan appeals his sentence under the United States Sentencing Guidelines ("Guidelines") following a guilty plea to aiding and abetting the distribution of a controlled substance, in violation of 18 U.S.C. § 2 and 21 U.S.C. § 841 (a)(1). Barragan contends that the district court erred by basing its offense level calculation on the amount of cocaine Barragan allegedly negotiated for sale pursuant to section 2D1.4. We have jurisdiction under 28 U.S.C. § 1291 and affirm. 3 U.S.S.G. § 2X2.1, captioned "Aiding and Abetting," instructs the district court to set the offense level according to that for the underlying…