United States v. Manuel Barcelo-Ortega

U.S. Court of Appeals for the Ninth Circuit
United States v. Manuel Barcelo-Ortega, 545 F. App'x 707 (9th Cir. 2013)

United States v. Manuel Barcelo-Ortega

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.

Reference

Full Case Name
UNITED STATES of America, Plaintiff-Appellee, v. Manuel Octavio BARCELO-ORTEGA, Defendant-Appellant
Status
Unpublished