Suter

United States v. Suter

Good Law
16 F. App'x 651
United States Court of Appeals for the Ninth CircuitJuly 24, 2001No. 99-10183; D.C. No. CR-97-00249ACKCalifornia344 words

Opinion

Lead Opinion

MEMORANDUM **

Federal prisoner Bodie C. Suter appeals his 135-month sentence for attempting to possess and distribute narcotics, in violation of 21 U.S.C. §§ 841 (a)(1) and 846. We have jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742 . We affirm.

Suter contends that the district court erred by denying his request for a minor participant downward adjustment under USSG § 3B1 .2(b). We disagree.

We review for clear error the district court’s determination that a defendant does not qualify for minor or minimal participant status. United States v. Pena-Gutierrez, 222 F.3d 1080, 1091 (9th Cir.), *652 cert. denied, 531 U.S. 1057 , 121 S.Ct. 670 , 148 L.Ed.2d 570 (2000).

Because Suter arranged the shipment of the drugs, recruited a third party to assist him, was entrusted to retrieve a substantial amount of methamphetamine and had been dealing methamphetamine for more than a year prior to this incident, we cannot say the district court clearly erred by denying his request for a minor participant downward adjustment. See United States v. Davis, 36 F.3d 1424, 1436-1437 (9th Cir.1994) (stating that defendant, who acted as courier in drug transaction, was not entitled to a…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.