United States of America, Plaintiff-appellee, v. Frank Melendez, Jr., Defendant-appellant, 26 F.3d 134 (9th Cir. 1994)

MEMORANDUM^** 

Frank Melendez, Jr., appeals his 235-month sentence imposed following entry of a guilty plea to possession of cocaine with intent to distribute in violation of 21 U.S.C. § 841(a) (1). Melendez contends that the district court erred by denying an adjustment in his offense level as a minimal participant. We have jurisdiction under 28 U.S.C. § 1291 and affirm.

We review for clear error whether a defendant is a minor or minimal participant. United States v. Madera-Gallegos, 945 F.2d 264, 268 (9th Cir. 1991).

The Sentencing Guidelines provide for adjustments in the offense level if the defendant played a mitigated role in the offense. A defendant is entitled to a two-level downward adjustment if he was a minor participant and a four-level downward adjustment if he was a minimal participant. U.S.S.G. Sec. 3B1.2. The minimal participant adjustment applies "infrequently," but is appropriate when "an individual was recruited as a courier for a single smuggling transaction involving a small amount of drugs." Id. Sec. 3B1.2, comment. (n. 2); see, e.g., United States v. Lui, 941 F.2d 844, 849 (9th Cir. 1991) (adjustment denied to a courier of a substantial amount of narcotics).

Melendez argues that he is entitled to the minimal participant adjustment because his conduct was unsophisticated and he was paid a small amount to deliver a truck, which he thought contained marijuana. The district court granted a minor role adjustment, but denied further reduction for role in the offense because of the large quantity of cocaine involved. Because Melendez was found in possession of approximately 500 pounds of cocaine, the district court's refusal to apply the minimal participant adjustment was not clearly erroneous. See Lui, 941 F.2d at 849.

AFFIRMED.