Watts

United States v. Watts

Good Law
102 F. App'x 589
United States Court of Appeals for the Ninth CircuitJune 22, 2004No. 03-30228California372 words

Opinion

Lead Opinion

MEMORANDUM **

Benjamin Lynn Watts appeals from his 78-month sentence following his guilty plea to manufacturing methamphetamine and being a felon in possession of a firearm. He contends that the district court erred under U.S.S.G. § 3B1.2 by denying Watts a two-point downward adjustment in sentence for his minor role in the methamphetamine manufacturing offense. We affirm.

The district court’s determination that a defendant was not a minor participant in the offense is a factual determination reviewed for clear error. United States v. Cordova Barajas, 360 F.3d 1037, 1043 (9th Cir.2004). A downward adjustment based on minimal or minor role in the offense pursuant to section 3B1.2 is applicable only in exceptional circumstances. Id.

Watts contends that he was entitled to a minor role adjustment because he was less culpable than most other participants in the methamphetamine manufacturing conspiracy since his only involvement was allowing the motor home containing the lab to travel across his property, using some of the drugs, and allowing use of his electrical power.

The district court did not commit clear error in finding that while Watts was not one of the cooks for the lab,…

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