United States v. Frank Melendez, Jr.

26 F.3d 134 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Frank MELENDEZ, Jr., Defendant-Appellant. No. 93-50599. United States Court of Appeals, Ninth Circuit. Submitted May 11, 1994. * Decided May 19, 1994. Before: HUG, D.W. NELSON, and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 Frank Melendez, Jr., appeals his 235-month sentence imposed following entry of a guilty plea to possession of cocaine with intent to distribute in violation of 21 U.S.C. Sec. 841 (a)(1). Melendez contends that the district court erred by denying an adjustment in his offense level as a minimal participant. We have jurisdiction under 28 U.S.C. Sec. 1291 and affirm. 3 We review for clear error whether a defendant is a minor or minimal participant. United States v. Madera-Gallegos, 945 F.2d 264, 268 (9th Cir.1991). 4 The Sentencing Guidelines provide for adjustments in the offense level if the defendant played a mitigated role in the offense. A…