Head

MEMORANDUM **

Marvin Dixon Head (“Head”) and Tommy Lynn Greene (“Greene”) appeal the sentences imposed by the district court following their guilty pleas to possession with intent to distribute more than 500 grams of methamphetamine, in violation of 21 U.S.C. § 841 (a)(1). Both Head and Greene argue that the district court clearly erred in applying the “firearm enhancement” pursuant to § 2Dl.l(b)(l) of the Sentencing Guidelines and in finding them ineligible for the so-called “safety valve” provision, § 5C1.2. Greene also contends that the district court clearly erred in finding that he was not entitled to a downward adjustment under § 3B1.2 as a “minor participant” in the drug operation. We have jurisdiction pursuant to 18 U.S.C. § 3742 (a) and 28 U.S.C. § 1291 , and we affirm.

The district court did not clearly err in finding that the firearm enhancement, § 2Dl.l(b)(l) of the Guidelines, was applicable to both Head and Greene. See United States v. Cazares, 121 F.3d 1241, 1244 (9th Cir.1997) (stating that this Court reviews for clear error the district court’s finding that the defendant possessed a firearm during the commission of a narcotics offense). Head argues that it was…