United States v. Enrique Cruz-Moreno

15 F.3d 1091 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Enrique CRUZ-MORENO, Defendant-Appellant. No. 92-50523. United States Court of Appeals, Ninth Circuit. Submitted Dec. 6, 1993. * Decided Dec. 17, 1993. Before: FLETCHER, PREGERSON, and HALL, Circuit Judges. 1 MEMORANDUM ** OVERVIEW 2 Appellant Enrique Cruz-Moreno appeals his conviction following a jury trial for carrying a firearm during and in relation to a drug trafficking crime in violation of 18 U.S.C. Sec. 924 (c). The appeal is premised in part on claimed insufficient evidence and claimed erroneous jury instructions. He also appeals his 93 month sentence for the firearm count and for four counts of possession with intent to distribute cocaine in violation of 21 U.S.C. Sec. 841 (a), counts to which he pled guilty. This part of the appeal is premised on the district court's refusal to reduce his base offense level two points for his asserted "minor participant"…