United States v. Heriberto Aballi

974 F.2d 1343 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Heriberto ABALLI, Defendant-Appellant. No. 91-50728. United States Court of Appeals, Ninth Circuit. Submitted Aug. 24, 1992. * Decided Aug. 31, 1992. Before BRUNETTI, RYMER and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 Heriberto Aballi appeals his sentence under the United States Sentencing Guidelines imposed following entry of a guilty plea to distribution of cocaine base in violation of 21 U.S.C. § 841 (a)(1). Aballi contends the district court erred by finding that it lacked authority to grant him a downward adjustment in his offense level for his minor role in the offense. We have jurisdiction under 28 U.S.C. § 1291 and we affirm. 3 We review de novo the district court's construction and interpretation of the Guidelines section on a defendant's role in the offense. United States v. Zweber, 913 F.2d 705, 708 (9th Cir.1990). 4 U.S.S.G. § 3B1.2…