United States v. Juvenal Ceja Mendoza

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Juvenal Ceja MENDOZA, Defendant-Appellant. No. 94-30198. United States Court of Appeals, Ninth Circuit. Submitted Dec. 6, 1994. * Decided Dec. 9, 1994. Before: D.W. NELSON, HALL and TROTT, Circuit Judges. 1 MEMORANDUM ** 2 Juvenal Ceja Mendoza appeals his 78 month sentence imposed following his guilty plea to possession with intent to distribute a controlled substance in violation of 21 U.S.C. Sec. 841 (a)(1). Mendoza contends that the district court erred in refusing a downward adjustment based on his role in the offense under United States Sentencing Guidelines ("U.S.S.G.") Sec. 3B1.2. We have jurisdiction under 28 U.S.C. Sec. 1291 and review for clear error a district court's finding that a defendant does not qualify for minor or minimal participant status. United States v. Davis, 36 F.3d 1424, 1436 (9th Cir.1994). We affirm. 3 A defendant's offense level can be…