UNITED STATES of America, Plaintiff-Appellee, v. Fidel Enrique RUELAS, Defendant-Appellant

OVERVIEW

Pursuant to a plea agreement, Fidel Enrique Ruelas pleaded guilty to possession of methamphetamine with intent to distribute and to carrying a firearm during and in relation to the drug trafficking offense. Although the plea agreement provided that Ruelas waived his right to appeal issues relating to his guilt on these offenses, Ruelas now seeks to vacate his conviction on the firearm offense because, he contends, the indictment failed to charge him with an offense. Ruelas also argues the district court erred in determining his sentence because the court refused to grant him a reduction in his base offense level for being a minor or minimal participant. Finally, Ruelas argues the court erred by refusing to depart downward pursuant to Sentencing Guideline Section 4A1.3.

Although we lack authority to review Rue-las’s downward departure argument, we have jurisdiction under 28 U.S.C. § 1291 to review Ruelas’s first two arguments, and we affirm.

FACTS

On January 12, 1995, Ruelas sold fifteen ounces of methamphetamine to an undercover police officer. Officers immediately arrested Ruelas and, during a search incident to his arrest, they discovered a loaded .380 caliber…