Sierra-Quezada

United States v. Sierra-Quezada

Good Law
288 F. App'x 410
United States Court of Appeals for the Ninth CircuitAugust 5, 2008No. 07-50236California309 words

Opinion

Lead Opinion

MEMORANDUM **

Daniel Sierra-Quezada appeals the sentence imposed following his guilty plea to two counts of distribution of methamphetamine, in violation of 21 U.S.C. § 841 (a)(1). He contends that the district court erred in denying him a minor role adjustment under U.S.S.G. § 3B1.2. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

We review sentencing decisions for an abuse of discretion. United States v. Carty, 520 F.3d 984, 993 (9th Cir.2008) (en banc), cert. denied, — U.S. —, 128 S.Ct. 2491 , 171 L.Ed.2d 780 (2008). It is procedural error, and thus an abuse of discretion, for a district court to calculate the Sentencing Guidelines range incorrectly. Id. We review for clear error the district court’s factual determination whether a defendant is a minor participant in the criminal activity. United States v. Santana, 276 Fed.Appx. 629 (9th Cir.2008).

Sierra-Quezada contends that he was a minor participant because he was a middleman who was involved in the distribution of two small quantities of metham *411 phetamine over a 14-month period, made only $50 for each transaction, and was not the supplier of the drugs. He argues that he did not initiate the…

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