United States v. Silvio Echeverri-Pulgarin

70 F.3d 1280 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Silvio ECHEVERRI-PULGARIN, Defendant-Appellant. No. 95-30037. United States Court of Appeals, Ninth Circuit. Submitted Nov. 13, 1995. * Decided Nov. 30, 1995. Before: WRIGHT, FERNANDEZ and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 Echeverri-Pulgarin pleaded guilty to distribution of cocaine in violation of 21 U.S.C. Sec. 841 (a)(1). He was sentenced to 60 months imprisonment, the mandatory minimum for his offense. He appeals his sentence. We have jurisdiction under 28 U.S.C. Sec. 1291 and affirm. 3 Echeverri argues that the court erred when it denied a reduction based on a "minor" or "minimal" role in the offense under U.S.S.G. Sec. 3B1.2(a) or (b) because he was only a courier. We review for clear error the court's determination that a defendant was not a minor participant. United States v. Benitez, 34 F.3d 1489, 1497 (9th Cir.1994). 4 Echeverri bears the…