Durazo-Peralta

United States v. Durazo-Peralta

Good Law
164 F. App'x 581
United States Court of Appeals for the Ninth CircuitJanuary 20, 2006No. 04-10635California1,150 words

Opinion

Lead Opinion

MEMORANDUM **

Appellant Carlos Martin Durazo-Peralta appeals the imposition of a 37-month prison sentence following his guilty plea on the grounds that the government failed to prove he was responsible for more than 100 kilos of marijuana, that the sentencing judge incorrectly interpreted the sentenc *582 ing guidelines in holding him responsible for more than 100 kilos of marijuana, and that the judge erred in failing to grant him a downward adjustment for playing a minor role in the offense. We affirm.

STANDARD OF REVIEW

This Court reviews the district court’s interpretation and application of the Sentencing Guidelines de novo. United States v. Ogbuehi 18 F.3d 807, 814 (9th Cir.1994). Factual findings made during sentencing are reviewed for clear error. United States v. Asagba, 77 F.3d 324, 325 (9th Cir.1996). The quantity of drugs involved in an offense is a factual finding. United States v. Palafox-Mazon, 198 F.3d 1182, 1186 (9th Cir.2000). “The district court’s determination that the defendant was not a minor participant in the offense is a factual determination that we review for clear error.” United States v. Pena-Gutierrez, 222 F.3d 1080, 1091 (9th…

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