United States v. Felipe Mora-Rivas

972 F.2d 1346 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Felipe MORA-RIVAS, Defendant-Appellant. No. 91-30266. United States Court of Appeals, Ninth Circuit. Submitted Aug. 21, 1992. * Decided Aug. 25, 1992. Before EUGENE A. WRIGHT, BEEZER and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 Mora-Rivas appeals his conviction and sentence following his guilty plea for conspiracy to distribute controlled substances in violation of 21 U.S.C. § 846 . We affirm. 3 * Police arrested Mora-Rivas for his involvement in a heroin ring. He pleaded guilty to one count of conspiracy. In return, the government agreed to recommend either a sentence of 80 months or the low end of the applicable Guidelines range as determined by the presentence report, whichever was higher. The plea agreement did not discuss Mora-Rivas' leadership role in the conspiracy. The presentence report determined that this leadership role justified a two-level…