United States v. Norman Eugene Myers

962 F.2d 15 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Norman Eugene MYERS, Defendant-Appellant. No. 91-30259. United States Court of Appeals, Ninth Circuit. Submitted May 5, 1992. * Decided May 11, 1992. 1 Before WALLACE, Chief Judge, GOODWIN, Circuit Judge, and CROCKER, ** District Judge. MEMORANDUM 2 Myers appeals his sentence under the Sentencing Guidelines for conspiracy to possess with intent to distribute cocaine, in violation of 21 U.S.C. §§ 841 (a)(1) and 846. Myers argues that the district court erred by denying him an offense level reduction for being a minor or minimal participant in the conspiracy. We review the district court's factual findings concerning Myers's level of participation for clear error, and its interpretation of the Guidelines de novo. United States v. Zweber, 913 F.2d 705, 708 (9th Cir.1990) (Zweber ). The district court had jurisdiction pursuant to 18 U.S.C. § 3231 . We…