United States v. Miller

MEMORANDUM **

Daniel L. Miller pleaded guilty to conspiracy and attempt to possess cocaine with intent to distribute in violation of 21 U.S.C. §§ 841 (a)(1), 841(b)(1), and 846. He appeals the district court’s imposition of a two-level upward adjustment to his base offense level for his role in the offense pursuant to U.S.S.G. 3Bl.l(e) (aggravating role). We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review the district court’s factual findings at sentencing for clear error and may reverse only if we have a definite and firm conviction that *935 a mistake has been made. United States v. Maldonado, 215 F.3d 1046, 1050 (9th Cir.2000) (citations omitted). We affirm.

We are unpersuaded by Miller’s contention that the district court erred by imposing the upward adjustment because he only supplied money for the cocaine sale and was not an organizer, leader, manager or supervisor in the offense. Miller admitted to obtaining money from a friend to assist him in purchasing the cocaine at the negotiated price, and giving the money to co-defendant Ka’ilimai to obtain the drugs. In addition, co-defendant Lani plead guilty to his involvement in the conspiracy and told investigators…