United States v. Donald Wesley Linder

15 F.3d 1093 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Donald Wesley LINDER, Defendant-Appellant. No. 93-10100. United States Court of Appeals, Ninth Circuit. Submitted Jan. 10, 1994. * Decided Jan. 12, 1994. 1 Before: ALDISERT, ** WIGGINS, and BRUNETTI, Circuit Judges 2 MEMORANDUM *** 3 Donald Wesley Linder appeals his sentence under the Sentencing Guidelines imposed after he pled guilty to aiding and abetting in the establishment of a drug manufacturing operation in violation of 21 U.S.C. Sec. 856 and 18 U.S.C. Sec. 2 . Linder claims that the district court erred in refusing to adjust his offense level downward for his role in the offense pursuant to U.S.S.G. Sec. 3B1.2. We affirm. I. 4 Law enforcement agents had reason to believe methamphetamine was being manufactured at a private residence in Carmichael, California. Agents were surveilling the residence at approximately 11:30 p.m., when Linder entered and moved…