United States v. Eric Kenneth Clark, AKA John Bonner

67 F.3d 309 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Eric Kenneth CLARK, aka John Bonner, Defendant-Appellant. No. 95-10000. United States Court of Appeals, Ninth Circuit. Submitted Sept. 18, 1995. * Decided Sept. 27, 1995. Before: BROWNING, GOODWIN, and O'SCANNLAIN, Circuit Judges. 1 MEMORANDUM ** 2 Eric Kenneth Clark appeals his sentence imposed following entry of a guilty plea to conspiracy to distribute a controlled substance, in violation of 21 U.S.C. Sec. 846 . Clark contends the district court erred by increasing his offense level two levels based on his role in the conspiracy under U.S.S.G. Sec. 3B1.1(c). We have jurisdiction pursuant to 28 U.S.C. Sec. 1291 , and we affirm. 3 We review the district court's finding of fact for clear error. United States v. Smith, 924 F.2d 889, 895 (9th Cir.1991). The Sentencing Guidelines provide for a two-level upward adjustment "[i]f the defendant was an organizer, leader,…