United States of America, Plaintiff-appellee, v. Alfredo Villafuerte, Defendant-appellant, 892 F.2d 84 (9th Cir. 1989)

MEMORANDUM^** 

Villafuerte pled guilty to one count of possession of a controlled substance with intent to distribute. The district court found that Villafuerte stored commercial quantities of methamphetamine, knowing that the package contained some kind of controlled substance, and made inconsistent statements to the police. Accordingly, the court found that Villafuerte was neither a minimal nor minor participant as defined by Sentencing Guidelines § 3B1.2. These findings are not clearly erroneous. See United States v. Sanchez-Lopez, 879 F.2d 541, 557 (9th Cir. 1989). Villafuerte also raises several constitutional challenges to the sentencing guidelines. However, we lack jurisdiction to hear these claims as defendant failed to raise them below.

AFFIRMED.