United States v. Javier Gonzalez-Alvarado

967 F.2d 593 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Javier GONZALEZ-ALVARADO, Defendant-Appellant. No. 91-50030. United States Court of Appeals, Ninth Circuit. Submitted June 10, 1992. * Decided June 18, 1992. Before FLETCHER, LEAVY and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Javier Gonzalez-Alvarado appeals from his sentence, imposed following a guilty plea, for importation of marijuana in violation of 21 U.S.C. §§ 952 and 960. Gonzalez-Alvarado contends that the district court erred by not adjusting his offense level under the United States Sentencing Guidelines (Guidelines) for minimal participation in the offense. We have jurisdiction under 28 U.S.C. 1291 and affirm. 3 Whether a defendant is a minor or minimal participant in the offense is a factual determination which we review for clear error. United States v. Lui, 941 F.2d 844, 848 (9th Cir.1991). 4 A minimal participant is one who is…