United States v. Ricardo v. Ibarra

23 F. App'x 626

• Court: Court of Appeals for the Eighth Circuit
• Decided: January 8, 2002
• Docket: 01-3137
• Status: Unpublished

Opinion

PER CURIAM.

Ricardo Valencia Ibarra appeals the sentence imposed by the district court * after Ibarra pleaded guilty to a methamphetamine-distribution offense. Ibarra argues the district court committed error by denying a minor-participant reduction, see U.S.S.G. § 3B1.2(b). We disagree. The district court did not commit clear error because Ibarra-who declined to offer any evidence at senteneing-failed to prove his entitlement to the role reduction. See United States v. Correa, 167 F.3d 414, 416 (8th Cir.1999) (standard of review; defendant bears burden to prove he warrants role reduction); United States v. Lucht, 18 F.3d 541, 556 (8th Cir.) (determination of defendant’s role in offense is to be made on basis of all relevant conduct and not solely on act cited in count of conviction), cert. denied, 513 U.S. 949, 115 S.Ct. 363, 130 L.Ed.2d 316 (1994). Accordingly, we affirm the district court.

* The Honorable Warren K. Urbom, United States District Judge for the District of Nebraska.