Villalba-Lopez

United States v. Villalba-Lopez

Good Law
101 F. App'x 251
United States Court of Appeals for the Ninth CircuitJune 18, 2004No. 03-30348; D.C. No. CR-02-02100-RHWCalifornia281 words

Opinion

Lead Opinion

MEMORANDUM **

Adrian Villalba-Lopez appeals his 145 month sentence following a guilty-plea conviction for two counts of distribution of methamphetamine, and aiding and abetting the distribution of methamphetamine, in violation of 21 U.S.C. § 841 (a) and 18 U.S.C. § 2 . We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm in part, and remand in part.

Villalba-Lopez contends that the district court erred in determining that he did not qualify for a downward adjustment under U.S.S.G. § 3B1.2 for his alleged “minor or minimal role” in the drug sales. We review a district court’s finding for clear error and find none. See United States v. Davis, 36 F.3d 1424, 1436-37 (9th Cir.1994) (district court did not clearly err in denying a downward adjustment based on minor participant status where the defendant knew he was carrying drugs and was prepared to accept money from buyer); see also United States v. Flores-Payon, 942 F.2d 556, 561 (9th Cir.1991) (district court did not clearly err in finding defendant was not entitled to a minor participant adjustment where presentence report indicated that defendant participated in drug transaction, attended negotiations and brought the…

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