Gonzalez-Corona

United States v. Gonzalez-Corona

Good Law
2 F. App'x 858
United States Court of Appeals for the Ninth CircuitJanuary 25, 2001No. 00-50271California435 words

Opinion

Lead Opinion

MEMORANDUM **

Abraham Gonzalez-Corona appeals the 12-month plus one day sentence imposed upon his guilty plea conviction for importing marijuana in violation of 21 U.S.C. §§ 952 , 960. We affirm.

Gonzalez-Corona’s sole contention is that the district court erred by granting him a two-level minor participant reduction under U.S.S.G. § 3B1.2(b) instead of a four-level minimal participant reduction under U.S.S.G. § 3B1.2(a). Because the material facts are undisputed, we review the district court’s application of the Guidelines to the facts for an abuse of discretion. E.g., United States v. Frega, 179 F.3d 793 , 811 n. 22 (9th Cir.1999), cert. denied, 528 U.S. 1191 , 120 S.Ct. 1247 , 146 L.Ed.2d 105 (2000), and cert. denied sub nom. Adams v. United States, 529 U.S. 1029 , 120 S.Ct. 1443 , 146 L.Ed.2d 331 (2000). “The defendant has the burden of proving that he is entitled to a downward adjustment based on his role in the offense by a preponderance of the evidence.” United States v. Davis, 36 F.3d 1424, 1436 (9th Cir.1994).

“[TJhis court has consistently stated that a downward adjustment under section 3B1.2 is to be used infrequently and only in exceptional circumstances.” Id.…

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