United States v. Manuel Barcelo-Ortega

545 F. App'x 707

• Court: Court of Appeals for the Ninth Circuit
• Decided: November 25, 2013
• Docket: 13-10121
• Status: Unpublished

Opinion

MEMORANDUM **

Manuel Octavio Barcelo-Ortega appeals from the district court’s judgment and challenges the 87-month sentence imposed following his guilty-plea conviction for possession with intent to distribute 9.7 kilograms of methamphetamine, in violation of 21 U.S.C. § 841(a)(1), (b)(l)(A)(viii), and possession with intent to distribute 1.1 kilograms of heroin, in violation of 21 U.S.C. § 841(a)(1), (b)(l)(A)(i). We have jurisdietion under 28 U.S.C. § 1291, and we affirm.

Barcelo-Ortega contends that the district court erred when it imposed a two-level adjustment under U.S.S.G. § 3B 1.2(b) for being a minor participant instead of a four-level adjustment for being a minimal participant under U.S.S.G. § 3B1.2(a). We review for clear error. United States v. Tankersley, 537 F.3d 1100, 1110 (9th Cir.2008). The district court did not clearly err because Barcelo-Ortega was entrusted with very large quantities of heroin and methamphetamine. See United States v. Rodriguez-Castro, 641 F.3d 1189, 1193 (9th Cir.2011); United States v. Webster, 996 F.2d 209, 211-12 n. 5 (9th Cir.1993); United States v. Lui, 941 F.2d 844, 849 (9th Cir.1991).

AFFIRMED.

** This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.