United States v. Jesus Calderon

985 F.2d 575 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Jesus CALDERON, Defendant-Appellant. No. 92-50389. United States Court of Appeals, Ninth Circuit. Submitted Jan. 27, 1993. * Decided Feb. 3, 1993. Before REINHARDT, CYNTHIA HOLCOMB HALL and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 Jesus Calderon appeals his sentence, imposed under the United States Sentencing Guidelines (Guidelines), following his guilty plea to conspiracy and possession with intent to distribute cocaine in violation of 21 U.S.C. §§ 841 (a)(1) and 846. Calderon claims the district court erred by refusing to grant him a downward adjustment pursuant to U.S.S.G. § 3B1.2(B) for being a minor participant in the offense. We have jurisdiction under 28 U.S.C. § 1291 and we affirm. 3 We review for clear error a district court's finding that a defendant is not a minor participant. United States v. Flores-Payon, 942 F.2d 556, 561 (9th…