United States v. Keith W. Burks

28 F.3d 108 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Keith W. BURKS, Defendant-Appellant. No. 93-30125. United States Court of Appeals, Ninth Circuit. Submitted June 6, 1994. * Decided June 8, 1994. Before: WRIGHT, WIGGINS and THOMPSON, Circuit Judges. 1 MEMORANDUM ** 2 Burks pleaded guilty to one count of conspiracy to manufacture and distribute cocaine base in violation of 21 U.S.C. Secs. 841 (a)(1) and 846. The court sentenced him to 78 months imprisonment, and four years supervised release. Burks appeals his judgment and sentence. We have jurisdiction under 28 U.S.C. Sec. 1291 and affirm. A. Role in Offense 3 Burks argues that the court erred when it sentenced him as a minor, rather than minimal participant in the conspiracy. We review for clear error the court's factual determination. United States v. Zweber, 913 F.2d 705, 708-09 (9th Cir.1990). The adjustment for minimal participation is intended for "defendants…