United States v. Enguilberto Aguilar-Ayala

81 F.3d 170 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Enguilberto AGUILAR-AYALA, Defendant-Appellant. No. 95-10098. United States Court of Appeals, Ninth Circuit. Argued and Submitted Feb. 12, 1996. Decided March 27, 1996. Before: REINHARDT, THOMPSON, and O'SCANNLAIN, Circuit Judges. 1 MEMORANDUM * 2 Enguilberto Aguilar-Ayala appeals his 87-month sentence for conspiracy to manufacture marijuana in violation of 21 U.S.C. §§ 841 (a)(1) and 846. Aguilar-Ayala contends that (1) the district court erred in denying an offense level reduction for Aguilar-Ayala's alleged status as a minor participant in the conspiracy, and (2) his counsel rendered ineffective assistance by failing to object at sentencing to the presentence report's recommendation against the offense level reduction for minor participation. We have jurisdiction under 28 U.S.C. § 1291 . 3 * On June 21, 1994, the U.S. Forest Service received an…