United States v. Juan Gualberto Sanchez

43 F.3d 1480 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Juan Gualberto SANCHEZ, Defendant-Appellant. No. 93-50379. United States Court of Appeals, Ninth Circuit. Submitted Dec. 6, 1994. * Decided Dec. 14, 1994. Before: D.W. NELSON, HALL, and TROTT, Circuit Judges. 1 MEMORANDUM ** 2 Juan Gualberto Sanchez appeals his 235-month sentence imposed following a jury trial in which he was convicted for conspiracy to distribute methamphetamine in violation of 21 U.S.C. Sec. 846 and possession with intent to distribute methamphetamine in violation of 21 U.S.C. Sec. 841 (a)(1). Sanchez contends the district court erred in finding that his role in the offenses was minor, and not minimal, because the court compared his conduct to that of an "average mule," rather than to the conduct of his co-participants. Sanchez also argues the district court erred in finding he failed to accept responsibility for his offenses. We have…