Unpublished Disposition, 925 F.2d 1472 (9th Cir. 1991)

MEMORANDUM^*

Westly Menor appeals his sentence, imposed under the United States Sentencing Guidelines (Guidelines or U.S.S.G.) following his conviction on a guilty plea, for conspiracy to commit bank robbery. Menor claims the district court erred by failing to grant a four-point reduction in his base offense level for minimal participation pursuant to U.S.S.G. Sec. 3B1.2(a). We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Whether a defendant is a minor or minimal participant in criminal activity is an issue of fact reviewed for clear error. United States v. Gillock, 886 F.2d 220, 222 (9th Cir. 1989) (per curiam). Adjustments for minimal or minor participation are granted infrequently. Id.; see U.S.S.G. Sec. 3B1.2, comment. n. 2. A defendant must prove by a preponderance of the evidence that he was a minor or minimal participant. See United States v. Sanchez, 908 F.2d 1443, 1449 (9th Cir. 1990). The sentencing judge may give little weight to a defendant's self-serving statements. United States v. Smith, 905 F.2d 1296, 1300 (9th Cir. 1990); see United States v. Rigby, 896 F.2d 392, 394 (9th Cir. 1990) (where defendant presented only evidence of his role in offense, refusal to grant adjustment was not clearly erroneous).

Here, Menor admitted that he drove to the bank with two codefendants and a juvenile. When the juvenile emerged from the bank with $400, Menor helped push the getaway car to jump start it so the four could escape. When he was arrested hours later, he had $60 in "bait money" from the robbery on his person. Although Menor claimed he had disbelieved his friends when they said they intended to rob the bank, and had taken the stolen money only to purchase steaks and beer for his friends, the district court was entitled to disbelieve the story as self-serving. See Smith, 905 F.2d at 1300.

Thus, the district court did not clearly err by declining to sentence Menor as a minimal participant. See Rigby, 896 F.2d at 394; Gillock, 886 F.2d at 222.

AFFIRMED.