United States v. Phanor Rincon, United States of America v. Giuseppe Alberto Restreppo

968 F.2d 1222 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Phanor RINCON, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Giuseppe Alberto RESTREPPO, Defendant-Appellant. Nos. 91-50303, 91-50387. United States Court of Appeals, Ninth Circuit. Submitted July 10, 1992. * Decided July 14, 1992. Before FARRIS, WIGGINS and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 Phanor Rincon argues that the district court erred in determining that he was not a "minor participant" under United States Sentencing Guideline § 3B1.2(b). We disagree. The record shows that Rincon acted as bodyguard and courier in an attempt to sell nearly five kilograms of cocaine. The record also shows that Rincon permitted agents to inspect the bag containing the cocaine and that the bag contained a document bearing Rincon's name. The district court did not commit clear error in determining that Rincon is not entitled to a minor…