Unpublished Disposition, 893 F.2d 1339 (9th Cir. 1990)

MEMORANDUM^* 

The district court found that Torres-Rodriguez led border patrol agents in a high-speed chase during which he threw at least one rock at his pursuers. R.T. at 8, 10-11. Defendant further acknowledged that he was a "party" to the rock-throwing. R.T. at 9. The district court properly found that attempts to evade arrest by means of a high speed chase and rock throwing were circumstances not adequately considered by the Sentencing Guidelines. See United States v. Ramirez-De Rosas, 873 F.2d 1177, 1179 (9th Cir. 1989). Defendant failed to show that the district court relied on improper factors when enhancing his sentence.¹  See United States v. Hernandez-Vasquez, 884 F.2d 1314, 1315-16 (9th Cir. 1989).

We review the magnitude of a departure allowed under the Guidelines for its reasonableness. 18 U.S.C. § 3742(e) (3). The upward departure from seven to thirty months was not unreasonable in light of the district court's findings. See Ramirez-De Rosas, 873 F.2d at 1180.

Defendant also contends that the district court erred by not finding him to be a "minimal" or "minor" participant in the alien smuggling operation. Minimal or minor status is a finding of fact reviewed for clear error, taking into account the presentence report and the information presented during sentencing proceedings. See 18 U.S.C. § 3742(d) and (e); United States v. Sanchez-Lopez, 879 F.2d 541, 557 (9th Cir. 1989). The district court did not clearly err by denying Torres-Rodriguez an offense level reduction. See, e.g., United States v. Gillock, 886 F.2d 220, 222 (9th Cir. 1989); Sanchez-Lopez, 879 F.2d at 557.

AFFIRMED.