United States v. Armando Lopez

41 F.3d 1514 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Armando LOPEZ, Defendant-Appellant. No. 94-10061. United States Court of Appeals, Ninth Circuit. Submitted Nov. 16, 1994. * Decided Nov. 18, 1994. Before: ALARCON, HALL, Circuit Judges, KING, ** Senior District Judge MEMORANDUM *** Armando Lopez pled guilty to one count of conspiring to distribute and to possess with the intent to distribute cocaine base in violation of 21 U.S.C. Secs. 846 and 841(a)(1), and to three counts of aiding and abetting and distributing cocaine base in violation of 21 U.S.C. Sec. 841 (a)(1) and 18 U.S.C. Sec. 2 . In this appeal, Lopez contends that the district court erred by failing to grant him a two-level reduction for his role as a minor participant pursuant to section 3B1.2(b) of the Sentencing Guidelines. Because it is unclear from the present record whether the district court believed that Lopez was a minor participant, but,…