United States v. David Cuevas-Valdovinos

24 F.3d 250 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. David CUEVAS-VALDOVINOS, Defendant-Appellant. No. 93-10417. United States Court of Appeals, Ninth Circuit. Submitted May 11, 1994. * Decided May 13, 1994. Before: HUG, D.W. NELSON, and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 David Cuevas-Valdovinos appeals his 70-month sentence imposed following entry of a guilty plea for conspiracy to distribute cocaine, in violation of 21 U.S.C. Secs. 841 (a)(1), 846. Cuevas-Valdovinos contends that the district court erred by adjusting upward his offense level pursuant to U.S.S.G. Sec. 3B1.1(c) as a "manager" in the offense. We have jurisdiction under 28 U.S.C. Sec. 1291 , and we vacate and remand. 3 Cuevas-Valdovinos contends that the district court's finding that he acted as a "manager" in the drug distribution scheme was not supported by the evidence in the record. He argues that the district court merely adopted the…