United States v. Fernando Alvarado-Orozco

103 F.3d 141 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Fernando ALVARADO-OROZCO, Defendant-Appellant. No. 95-10503. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 4, 1996. Decided Nov. 19, 1996. Before: FLETCHER, FARRIS, and HALL, Circuit Judges. 1 MEMORANDUM * STANDARD OF REVIEW 2 We review a district court's determination that a defendant was not a minor participant for clear error. United States v. Benitez, 34 F.3d 1489, 1497 (9th Cir.1994), cert. denied, 513 U.S. 1197 , 115 S.Ct. 1268 (1995). Although we may review whether a district court understood that it had the discretionary authority to depart from the sentencing guidelines, a district court's discretionary refusal to depart from the sentencing guidelines is not reviewable on appeal. United States v. Eyler, 67 F.3d 1386 , 1390 n. 5 (9th Cir.1995). DISCUSSION I. MINOR PARTICIPANT ADJUSTMENT 3 Orozco arranged the drug transaction, knew…