Reyes

United States v. Reyes

Good Law
2 F. App'x 794
United States Court of Appeals for the Ninth CircuitJanuary 24, 2001No. 00-10036, 00-10041California417 words

Opinion

Lead Opinion

MEMORANDUM

In these consolidated appeals, Paul Anthony Reyes appeals his 21-month sentence imposed following his guilty plea to one count of possessing a stolen firearm, in violation of 18 U.S.C. § 922 (j), and Anthony Ray Tapia appeals his 57-month sentence imposed following his guilty plea to being a felon in possession of a firearm, in *795 violation of 18 U.S.C. § 922 (g)(1). We have jurisdiction pursuant to 21 U.S.C. § 1291 and 18 U.S.C. § 3742 . We affirm both of the appellants’ sentences.

Reyes contends that the district court erred when it denied his request for a downward adjustment under U.S.S.G. § 3B1.2 based on his minor role in the offense because he was in mere constructive possession of the firearm located in the car. We review for clear error the district court’s refusal to grant a minor role reduction under U.S.S.G. § 3B1.2. United States v. Hemandez-Franco, 189 F.3d 1151, 1160 (9th Cir.1999).

Here, the district court’s finding that the distinction between the actual and constructive possessors of the firearm did not warrant a minor role adjustment under U.S.S.G. § 3B1.2 was not clearly erroneous. Anderson v. City of Bessemer City, 470 U.S. 564, 574 , 105…

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