United States v. Braulio Martinez-Torres

980 F.2d 740 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Braulio MARTINEZ-TORRES, Defendant-Appellant. No. 92-30074. United States Court of Appeals, Ninth Circuit. Submitted Nov. 23, 1992. * Decided Dec. 1, 1992. Before SCHROEDER, FLETCHER and NOONAN, Circuit Judges. 1 MEMORANDUM ** 2 Braulio Martinez-Torres (Torres) appeals his sentence under the United States Sentencing Guidelines following entry of a guilty plea to possession with intent to distribute, in violation of 21 U.S.C. §§ 841 (a)(1) and (b)(1)(C), and 18 U.S.C. § 2 . Torres contends that the district court erred by not granting a downward adjustment of his offense level due to his minor role in the offense, pursuant to U.S.S.G. § 3B1.2. We have jurisdiction under 28 U.S.C. § 1291 and we affirm. 3 A district court's finding that a defendant does not qualify for minor or minimal participant status is "heavily dependent upon the facts of…