United States v. Frank Torres

103 F.3d 143 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Frank TORRES, Defendant-Appellant. No. 96-50082. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 7, 1996. Decided Dec. 06, 1996. Before: GOODWIN, WIGGINS, and NOONAN, Circuit Judges. 1 MEMORANDUM * 2 Frank Torres appeals the district judge's refusal to adjust downward under Sentencing Guideline § 3B1.2 for his role in the offense. We affirm the district court. 3 Frank Torres was a drug addict. Someone suggested that Torres could make money smuggling drugs from Panama into the United States. This individual gave Torres several thousand dollars, and Torres flew to Panama for four days. Later, this same individual sent Torres back to Panama to do a courier run. Torres says he protested, but he went. Torres spent a week in Panama. Then he ingested 96 latex-covered heroin pellets (weighing almost two pounds) and took a flight to Miami. He…