United States v. Carlos Alfredo Aguilar

993 F.2d 884 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Carlos Alfredo AGUILAR, Defendant-Appellant. No. 92-50588. United States Court of Appeals, Ninth Circuit. Submitted April 27, 1993. * Decided May 14, 1993. Before BROWNING, KOZINSKI and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Carlos Alfredo Aguilar appeals his 41-month sentence imposed after his guilty plea to possession with intent to distribute marijuana and aiding and abetting in violation of 21 U.S.C. § 841 (a)(1) and 18 U.S.C. § 2 . Aguilar contends that the district court erred by (1) denying him a two-level downward adjustment in his offense level for being a minor participant in the offense pursuant to U.S.S.G. § 3B1.2 and (2) failing to resolve disputed factual matters in the presentence report (PSR) as required by Fed.R.Crim.P. 32(c)(3)(D). We have jurisdiction under 28 U.S.C. § 1291 and affirm. 3 We review de novo the legality of a…