United States v. Gonzales

MEMORANDUM **

Richard Cacayurin Gonzales appeals his sentence after pleading guilty to importation of methamphetamine hydrochloride in violation of 21 U.S.C. § 952 . We have jurisdiction over this timely appeal pursuant to 28 U.S.C. § 3742 . We affirm the district court’s order.

We review a district court’s legal interpretation of the Sentencing Guidelines de novo. United States v. Garcia, 323 F.3d 1161, 1164 (9th Cir.2003). “The issue of whether a defendant is a minor or minimal participant in a criminal offense under the particular facts of the offense is reviewed for clear error.” United States v. Zweber, 913 F.2d 705, 708 (9th Cir.1990) (citing United States v. Gillock, 886 F.2d 220, 222 (9th Cir.1989)).

Gonzales argues that the district court erred in limiting his eligibility for a minor participant downward adjustment under United States Sentencing Guidelines (“U.S.S.G.”) § 3B1.2 to his role in the offense to which he pleaded guilty. Because the district court acknowledged conduct of other participants in the criminal scheme beyond the conduct for which Gonzales was charged, it did not clearly err in finding Gonzales’s participation to have been more than that of a “mere…