Godinez

United States v. Godinez

Good Law
203 F. App'x 802
United States Court of Appeals for the Ninth CircuitOctober 23, 2006Nos. 04-30306, 04-30312California292 words

Opinion

Lead Opinion

MEMORANDUM **

In these consolidated appeals, Victorino Godinez appeals from the 135-month sentence imposed following his guilty plea to conspiracy to distribute methamphetamine in violation of 21 U.S.C. § 846 and failure to appear for sentencing in violation of 18 U.S.C. § 3146 . We have jurisdiction under 28 U.S.C. § 1292 , and we dismiss in part and affirm in part.

Godinez contends that he was entitled to a two-level reduction in sentence under U.S.S.G. § 3B1.2 for his minor role in the conspiracy offense. We disagree. It is uncontested that Godinez admitted to being a courier who transported 831.3 grams of methamphetamine. See United States v. Murillo, 255 F.3d 1169, 1179 (9th Cir. 2001) (‘Where drugs are present in significant quantities, that in itself is sufficient to deny a sentencing reduction.”). In addition, the Government presented evidence that, among other things, Godinez had previously purchased precursor ingredients for methamphetamine and that, during a search of Godinez’s property, a federal agent claimed to have smelled an odor that he thought was associated with the manufacture of methamphetamine. We therefore affirm the district court.

Godinez’s remaining…

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