Unpublished Disposition, 923 F.2d 864 (9th Cir. 1991)

MEMORANDUM^** 

Pedro C. Noyola-Valencia appeals his sentence under the United States Sentencing Guidelines following his conviction by guilty plea for importation of marijuana in violation of 21 U.S.C. §§ 952 and 960. He was sentenced to 21 months imprisonment and 3 years supervised release.

Noyola-Valencia received a two-level sentence reduction for minor participation under U.S.S.G. Sec. 3B1.2(b) but contends that he was entitled to a four-level reduction for minimal participation under U.S.S.G. Sec. 3B1.2(a). He also contends that the district court made insufficient fact findings regarding his role in the offense. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

I. Entitlement to Sentence Reduction for Minimal Participation

This court reviews for clear error the district court's determination regarding the defendant's degree of participation. United States v. Christman, 894 F.2d 339, 341 (9th Cir. 1990); Sanchez-Lopez, 879 F.2d at 557. The defendant has the burden of proving, by a preponderance of the evidence, entitlement to sentence reduction for minor or minimal participation. United States v. Howard, 894 F.2d 1085, 1089-90 (9th Cir. 1990). The district court may consider the amount of drugs found in a vehicle driven by the defendant in determining his or her role in the offense. Sanchez-Lopez, 879 F.2d at 557-58. The district court may also consider whether the defendant is a mere courier in a drug smuggling operation. See United States v. Sanchez, 908 F.2d 1443, 1449-50 (9th Cir. 1990).

Here, Noyola-Valencia, who drove a hospital van into Mexico and then back across the border into the United States, was a courier for a single drug smuggling transaction. See id.; U.S.S.G. Sec. 3B1.2 comment. note 2. At his plea hearing, he testified that while driving patients to Mexico, he found a false compartment in the van and realized that he was being used to transport drugs. See U.S.S.G. Sec. 3B1.2 comment. note 1 (lack of knowledge of scope and structure of enterprise and activities of others). Nevertheless, based on the finding that the 120 pounds of marijuana found in the van was not a small amount, the district court did not clearly err by determining that Noyola-Valencia was not a minimal participant. See Christman, 894 F.2d at 341; Sanchez-Lopez, 879 F.2d at 557-58; cf. id., note 2.

A " 'simple statement' " by the district court that the defendant was or was not a particular type of participant is a sufficient fact finding regarding role in the offense. United States v. Sanchez-Lopez, 879 F.2d 541, 557 (9th Cir. 1989) (quoting United States v. Gallegos, 868 F.2d 711, 713 (5th Cir. 1989)); see United States v. Rigby, 896 F.2d 392, 394 (9th Cir. 1990) (district court's statement that it accepts the probation officer's report is sufficient). Here, the district court found not only that Noyola-Valencia was a minor participant, but also that the amount of drugs found in the van driven by Noyola-Valencia was not small. The district court's fact findings were therefore sufficient. See Sanchez-Lopez, 879 F.2d at 557.

We therefore affirm Noyola-Valencia's sentence.

AFFIRMED.