Unites States of America, Plaintiff-appellee, v. Elaine Chavez, Defendant-appellant, 21 F.3d 1122 (10th Cir. 1994)

ORDER AND JUDGMENT¹ 

The parties have agreed that this case may be submitted for decision on the briefs. See Fed. R. App. P. 34(f); 10th Cir. R. 34.1.2. The case is therefore ordered submitted without oral argument.

Defendant entered a plea of guilty to a violation of 18 U.S.C.1952(a) (3), and was sentenced to forty-six months of imprisonment. At the sentencing hearing, her attorney requested that the judge consider a downward adjustment because Defendant was a "minimal participant" in the offense. The district judge denied the downward departure. On appeal, Defendant does not challenge this denial. Instead, Defendant argues that the district court erred in declining to grant a downward departure because she was a "minor participant" in the offense, which is a separate status from "minimal participant." We are not persuaded that the record supports Defendant's claim that she raised or that the district court considered this issue. If, as Defendant urges, the district court did consider the "minor participant" issue but found that she was not entitled to a downward departure on this point, the record does not support Defendant's assertion that such a finding was clearly erroneous.

AFFIRMED.