United States v. Michael Bales

73 F.3d 370 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Michael BALES, Defendant-Appellant. No. 95-10059. United States Court of Appeals, Ninth Circuit. Submitted Dec. 19, 1995. * Decided Dec. 27, 1995. Before: SNEED, TROTT, and HAWKINS, Circuit Judges. 1 MEMORANDUM ** 2 Michael Bales appeals his twelve-month sentence imposed following his guilty plea to distribution of cocaine, in violation of 21 U.S.C. Sec. 841 (a)(1) and 18 U.S.C. Sec. 2 . Bales contends that the district court erred by granting him a three-level rather than a four-level reduction for his mitigating role in the offense. We have jurisdiction pursuant to 28 U.S.C. Sec. 1291 , and affirm. 3 We review for clear error the district court's determination of whether a defendant qualifies for a four-level reduction for being a minimal participant in the offense. United States v. Andrus, 925 F.2d 335, 337 (9th Cir.), cert. denied, 502 U.S. 889 (1991). 4 The…