United States v. Gavino Damian-Galan

Good Law
15 F.3d 1091·1994 WL 5535·1994 U.S. App. LEXIS 6350
United States Court of Appeals for the Ninth CircuitJanuary 6, 199491-50569California1,814 words

Opinion

Opinion

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Gavino DAMIAN-GALAN, Defendant-Appellant. No. 91-50569. United States Court of Appeals, Ninth Circuit. Submitted Dec. 20, 1993. * Decided Jan. 6, 1994. Before: SNEED, NOONAN and TROTT, Circuit Judges. 1 MEMORANDUM ** 2 Gavino Damian-Galan (Damian-Galan) appeals from his sentence of imprisonment for 87 months after pleading guilty on December 18, 1990, to one count of possession of methamphetamine with intent to distribute. Damian-Galan contends that the district court erred by not finding that he was a minimal or a minor participant in the offense pursuant to section 3B1.2 of the United States Sentencing Guidelines (hereinafter "U.S.S.G."). Damian-Galan also contends that the district court erred by failing to make a specific finding as to the significance and usefulness of his assistance to the Government pursuant to U.S.S.G. Sec. 5K1.1. We affirm the sentence…

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