United States v. Cecil Tasby

95 F.3d 1160 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Cecil TASBY, Defendant-Appellant. No. 95-30358. United States Court of Appeals, Ninth Circuit. Submitted Aug. 12, 1996. * Decided Aug. 19, 1996. Before: BROWNING, SCHROEDER and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Cecil Tasby appeals his 78-month sentence imposed following a jury conviction for possession with the intent to distribute cocaine base in violation of 21 U.S.C. § 841 (a)(1). Tasby contends that the district court erred by denying him a two-level minor role reduction pursuant to U.S.S.G. § 3B1.2(b). We have jurisdiction pursuant to 28 U.S.C. § 1291 , 18 U.S.C. § 3742 (a), and affirm. 3 We review for clear error the district court's determination regarding a defendant's minor role in the offense. See United States v. Davis, 36 F.3d 1424, 1436 (9th Cir.1994), cert. denied, 115 S.Ct. 1147 (1995). A defendant must be "substantially…