United States v. Celedonio Rodriguez Hernandez, AKA Celedonio Hernandez Rodriguez

61 F.3d 913 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Celedonio Rodriguez HERNANDEZ, aka Celedonio Hernandez Rodriguez, Defendant-Appellant. No. 94-50092. United States Court of Appeals, Ninth Circuit. Submitted July 14, 1995. * Decided July 18, 1995. Before: LAY, ** BRUNETTI, and RYMER, Circuit Judges. 1 MEMORANDUM *** 2 Celedonio Hernandez appeals his sentence and jury conviction under 21 U.S.C. Sec. 841 (a)(1) for his involvement in the distribution of approximately 149 kilograms of cocaine. He contends there is insufficient evidence of the elements of distribution, that the district court erred by failing to adjust his offense level downward for being a minimal or minor participant pursuant to U.S.S.G. Sec. 3B1.2, and that he was sentenced for the wrong offense. We affirm. I. Sufficiency of evidence 3 Hernandez' contention that the evidence was unreliable, inconsistent, and failed to prove he had possession of the…