United States v. Emiliana Varelas

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Emiliana VARELAS, Defendant-Appellant. No. 95-50493. United States Court of Appeals, Ninth Circuit. Submitted Aug. 12, 1996. * Decided Aug. 23, 1996. Before: BROWNING, SCHROEDER, and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Emiliana Varelas appeals her 188-month sentence following her conviction for distribution of methamphetamine in violation of 21 U.S.C. § 841 (a)(1). Varelas contends that the district court erred by denying her a four-level adjustment for being a minimal participant under U.S.S.G. § 3B1.2(a). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm. 3 Whether a defendant is a minor or minimal participant is a factual determination this court reviews for clear error. United States v. Madera-Gallegos, 945 F.2d 264, 268-69 (9th Cir.1991). The defendant has the burden of proving by a preponderance of the evidence that she is…