Browning

United States v. Browning

Good Law
192 F. App'x 670
United States Court of Appeals for the Ninth CircuitJuly 27, 2006No. 05-30609California291 words

Opinion

Lead Opinion

MEMORANDUM **

Federal prisoner Everett William Browning, Jr. appeals the district court’s September 27, 2005 Order confirming his 30-month sentence following this court’s remand of his sentence pursuant to United States v. Ameline, 409 F.3d 1073 (9th Cir. 2005) (en banc). We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742 , and we affirm.

Browning contends that the district court erred in calculating his sentence based upon a drug quantity that was not supported by the evidence. We review for clear error, see United States v. Cantrell, 433 F.3d 1269, 1279 (9th Cir.2006), and find none. Rather, we conclude that the drug quantity employed by the district court in calculating Browning’s sentence was based upon sufficiently reliable evidence. See id. at 1284 . Accordingly, the district court properly determined Browning’s base offense level.

Browning next contends that the district court erred in not awarding him a reduction, pursuant to U.S.S.G. § 3B1.2, for minimal role in the conspiracy. Browning has failed to meet his burden of proving his entitlement to a § 3B1.2(b) minor participant adjustment. See Cantrell, 433 F.3d at 1282 . The district court properly…

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