United States v. Wilfredo Gomez

983 F.2d 1078 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Wilfredo GOMEZ, Defendant-Appellant. Nos. 92-50129, 92-56134. United States Court of Appeals, Ninth Circuit. Submitted Dec. 21, 1992. * Decided Dec. 30, 1992. Before TANG, NOONAN and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Wilfredo Gomez appeals his sentence imposed following entry of a guilty plea to aiding and abetting the possession of heroin with intent to distribute in violation of 18 U.S.C. § 2 and 21 U.S.C. § 841 (a)(1). Gomez also appeals the district court's denial of his 28 U.S.C. § 2255 motion to vacate his sentence. We have jurisdiction under 28 U.S.C. § 1291 and affirm both the sentence and the denial of the section 2255 motion. 3 * Direct Appeal 4 Gomez contends the district court erred by denying him a downward adjustment in his offense level because of his minor role in the offense. The government contends that Gomez has…