United States v. Miguel Angel Villalba

70 F.3d 1281 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Miguel Angel VILLALBA, Defendant-Appellant. No. 94-50565. United States Court of Appeals, Ninth Circuit. Argued and Submitted: Oct. 20, 1995. Nov. 14, 1995. 1 Before: HUG, and LEAVY, Circuit Judges, and JONES, District Judge * 2 MEMORANDUM ** This appeal presents two issues: 3 A. Whether the district court's finding, after considering all the facts and circumstances pertaining to defendant's role in the offense, that defendant was entitled to a two-level adjustment to his offense level as a minor participant rather than a four-level adjustment as a minimal participant, was clearly erroneous. 4 B. Whether the district court erred in concluding that 18 U.S.C. 3553(f) and U.S.S.G. Sec. 5C1.2, which waive the applicability of the statutory minimum sentence in certain circumstances, were inapplicable in that the minimum sentence under the guidelines exceeded the…