United States v. Daryl Ancheta

70 F.3d 121 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Daryl ANCHETA, Defendant-Appellant. No. 95-50197. United States Court of Appeals, Ninth Circuit. Submitted Oct. 24, 1995. * Decided Nov. 3, 1995. Before: BEEZER, THOMPSON, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Daryl Ancheta appeals his 41-month sentence imposed following his guilty plea to one count of possession with the intent to distribute marijuana, in violation of 21 U.S.C. Sec. 841 (a)(1). Ancheta contends the district court erred by denying him a mitigating role adjustment pursuant to U.S.S.G. Sec. 3B1.2. We have jurisdiction under 28 U.S.C. Sec. 1291 , and we affirm. 3 We review for clear error a district court's finding of a defendant's role in the offense. United States v. Davis, 36 F.3d 1424, 1436 (9th Cir.1994), cert. denied, 115 S.Ct. 1147 (1995); United States v. Andrus, 925 F.2d 335, 337 (9th Cir.), cert. denied, 502 U.S. 889 (1991). A…