United States v. Jairo Sabogal Pena

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Jairo Sabogal PENA, Defendant-Appellant. No. 93-50063. United States Court of Appeals, Ninth Circuit. Submitted May 6, 1994. * Decided June 7, 1994. 1 Before: BROWNING, and FLETCHER, Circuit Judges, and FITZGERALD, ** District Judge 2 MEMORANDUM *** I. 3 The district court found: (1) the defendant was trusted with a very large amount of cocaine; (2) he not only transferred the cocaine, but also stored the cocaine and took an inventory of it; (3) given the amount of cocaine involved, the defendant probably had been involved in this type of conduct before. These findings are not clearly erroneous and support the district court's conclusion that defendant was not a minimal participant in the offense. U.S.S.G. Sec. 3B1.2 comment. (n. 2) (minimal participant adjustment appropriate where "an individual was recruited as a courier for a single smuggling transaction…