Opinion
No. 13-10121 D.C. No. 4:12-cr-01478-JGZ-LAB-1
10-23-2013
UNITED STATES OF AMERICA, Plaintiff - Appellee, v. MANUEL OCTAVIO BARCELO-ORTEGA, Defendant - Appellant.
NOT FOR PUBLICATION
MEMORANDUM
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Appeal from the United States District Court
for the District of Arizona
Jennifer G. Zipps, District Judge, Presiding
Before: HUG, FARRIS, and LEAVY, Circuit Judges.
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)(1)(A)(viii), and possession with intent to distribute 1.1 kilograms of heroin, in violation of 21 U.S.C. § 841(a)(1), (b)(1)(A)(i). We have jurisdiction 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. § 3B1.2(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.