United States v. Juvencio Elenes Gastelum

978 F.2d 716 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Juvencio Elenes GASTELUM, Defendant-Appellant. No. 91-10494. United States Court of Appeals, Ninth Circuit. Submitted Oct. 22, 1992. * Decided Oct. 27, 1992. Before BEEZER, CYNTHIA HOLCOMB HALL and WIGGINS, Circuit Judges. 1 MEMORANDUM ** 2 Juvencio Elenes Gastelum appeals his sentence, imposed under the United States Sentencing Guidelines (Guidelines), following his guilty plea to aiding and abetting and distribution of heroin in violation of 18 U.S.C. § 2 and 21 U.S.C. § 841 (a)(1). Gastelum contends the district court erred by adjusting his offense level upward pursuant to U.S.S.G. § 3B1.1(c) based on a finding that he was a "manager or supervisor" in the offense. We have jurisdiction under 28 U.S.C. § 1291 and we affirm. 3 Gastelum's role in the crime presents a question of fact which we review for clear error. See United States v. Sanchez,…