Unpublished Disposition, 917 F.2d 29 (9th Cir. 1990)

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US Court of Appeals for the Ninth Circuit - 917 F.2d 29 (9th Cir. 1990)

UNITED STATES of America, Plaintiff-Appellee,v.Aucencion QUINTERO-RUIZ, Defendant-Appellant.

No. 89-50699.

United States Court of Appeals, Ninth Circuit.

Submitted Oct. 23, 1990.* Decided Oct. 25, 1990.

Before HUG, NELSON and LEAVY, Circuit Judges.


MEMORANDUM** 

Aucencion Quintero-Ruiz appeals his sentence under the United States Sentencing Guidelines imposed after his conviction upon a guilty plea for importation of heroin, in violation of 21 U.S.C. §§ 952 and 960. Quintero-Ruiz contends that the district court erred by failing to grant him a downward adjustment for minimal participation. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

The district court did not clearly err in finding that Quintero-Ruiz was not a minimal participant where appellant's conduct was not indicative of individuals acting as a rule. See United States v. Sanchez-Lopez, 879 F.2d 541, 557 (9th Cir. 1989).

Accordingly, the district court's judgment is

AFFIRMED.

 *

The panel unanimously finds this case suitable for decision without oral argument. Fed. R. App. P. 34(a) and 9th Cir.R. 34-4

 **

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir.R. 36-3

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