United States v. Jose Belmontes-Colin

Good Law
990 F.2d 1261·1993 WL 100160·1993 U.S. App. LEXIS 14177
United States Court of Appeals for the Ninth CircuitApril 6, 199392-50508California490 words

Opinion

Opinion

990 F.2d 1261 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Jose BELMONTES-COLIN, Defendant-Appellant. No. 92-50508. United States Court of Appeals, Ninth Circuit. Submitted March 23, 1993. * Decided April 6, 1993. Before WALLACE, Chief Judge, and FARRIS and BRUNETTI, Circuit Judges. 1 MEMORANDUM ** 2 Jose Belmontes-Colin appeals his sentence, imposed under the United States Sentencing Guidelines, following entry of a guilty plea to importation of marijuana in violation of 21 U.S.C. §§ 952 , 960 (1988). Belmontes-Colin argues that his offense level should have been adjusted downward based on his alleged role as a mere "courier" or "mule." We have jurisdiction under 28 U.S.C. § 1291 (1988) and 18 U.S.C. § 3742 (1988). We affirm. 3 Belmontes-Colin contends that the district court failed to determine whether he was a courier. This contention is belied by the record. The district court specifically found…

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