United States v. Fernando Antunez-Antunez

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Fernando ANTUNEZ-ANTUNEZ, Defendant-Appellant. No. 92-30231. United States Court of Appeals, Ninth Circuit. Submitted April 9, 1993. * Decided April 13, 1993. Before WRIGHT, THOMPSON and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 Fernando Antunez-Antunez pled guilty to possessing cocaine and heroin with intent to distribute. 21 U.S.C. 841(a)(1). He now appeals his sentence, arguing that the district court should have given him a four point downward adjustment because his participation in the crime was "minimal." Antunez-Antunez received a two-level downward adjustment as a "minor" participant. He also contends that the district court's decision not to depart downward is reviewable, and that because a downward departure is indicated, the case should be remanded for resentencing. We affirm Antunez-Antunez's sentence. I. Background 3 Antunez-Antunez was carrying…