Mireles-Martinez

United States v. Mireles-Martinez

Good Law
199 F. App'x 612
United States Court of Appeals for the Ninth CircuitAugust 25, 2006No. 05-50343California203 words

Opinion

Lead Opinion

*613 MEMORANDUM **

Bernarda Mireles-Martinez appeals from the 87-month sentence imposed after her bench-trial conviction for conspiracy to possess with intent to distribute heroin, in violation of 21 U.S.C. § 846 ; possession with intent to distribute heroin, in violation of 21 U.S.C. § 841 (a)(1), (b)(1)(B); and possession with intent to distribute and distribution of methamphetamine, in violation of 21 U.S.C. § 841 (a)(1), (b)(1)(B). We have jurisdiction under 28 U.S.C. § 1291 and affirm.

Mireles-Martinez contends that the district court wrongly denied her a downward adjustment for being a minor participant because it failed to consider her conduct in relation to that of her co-participants in the offense. This contention is belied by the record.

The district court considered, in the larger context of the drug conspiracy, the extent of Mireles-Martinez’s involvement as a negotiator for and dealer of significant amounts of narcotics. The district court therefore did not clearly err in concluding Mireles-Martinez was not a minor participant. S ee United States v. Rodriguez-Cruz, 255 F.3d 1054, 1059-60 (9th Cir. 2001).

AFFIRMED.

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