United States v. Garcia
United States v. Garcia
Opinion of the Court
MEMORANDUM
Garcia appeals his sentencing following conviction for conspiracy and distribution of methamphetamine. He claims that the judge abused his discretion when he refused to grant a downward departure on account of Garcia’s advanced age. This departure is entirely discretionary and we cannot review it here. United States v. Smith, 330 F.3d 1209, 1212 (9th Cir. 2003).
Garcia also claims he was entitled to a downward adjustment on account of his limited role in the drug deal. We may overturn the court’s denial of a sentencing reduction for defendant’s limited role in the crime only “where the refusal was a clearly erroneous decision.” United States
The judgement of the district court is AFFIRMED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9 th Cir. R. 36-3.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.