Unpublished Disposition, 917 F.2d 29 (9th Cir. 1990)

MEMORANDUM^** 

Feliciano A. Sanchez-Melchor appeals his sentence under the United States Sentencing Guidelines after his conviction upon a guilty plea for possession of heroin with intent to distribute, in violation of 21 U.S.C. § 841(a) (1) and 18 U.S.C. § 2. Sanchez-Melchor contends that the district court erred by refusing to grant him a two-point downward adjustment for his minor role in the offense. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

The government's sentencing recommendation is not binding on the district court. United States v. Pelayo-Bautista. 907 F.2d 99, 102 (9th Cir. 1990). Here, although the government recommended a two-point downward adjustment for minor participant status, the district court rejected the recommendation. Because Sanchez-Melchor located the source of heroin, reinitiated contact with the confidential informant, and arranged for the sale of heroin, we find that the district court did not err by denying Sanchez-Melchor a two-point reduction for a minor role. See United States v. Sanchez-Lopez, 879 F.2d 541, 557 (9th Cir. 1989). The district court's judgment is

AFFIRMED.