United States v. Solorio-Menera

1 The Honorable Richard H. Kyle, United States District Judge for the District
of Minnesota.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 03-2389
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United States of America, *
*
Appellee, *
* Appeal from the United States
v. * District Court for the District
* of Minnesota.
Eulogio Martinez-Arrellano, also *
known as Angel Arteaga, * [UNPUBLISHED]
*
Appellant. *
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Submitted: March 4, 2004
Filed: March 11, 2004
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Before MORRIS SHEPPARD ARNOLD, FAGG, and SMITH, Circuit Judges.
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PER CURIAM.
Eulogio Martinez-Arrellano pleaded guilty to conspiring to distribute and
possess with intent to distribute in excess of 500 grams of a mixture containing
methamphetamine, in violation of 21 U.S.C. § 846. The district court 1 assessed a 2-
level role enhancement and sentenced Mr. Martinez-Arrellano to 168 months
imprisonment and 5 years supervised release.

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-2-
On appeal, Mr. Martinez-Arrellano contests the role enhancement and argues
that his sentence should be vacated because of misconduct by his public defender.
After careful review of the record, we conclude that the district court did not clearly
err in determining Mr. Martinez-Arrellano’s role in the offense warranted a 2-level
enhancement. See U.S.S.G. § 3B1.1(c) (2-level increase if defendant was organizer,
leader, manager, or supervisor in any criminal activity); United States v. Johnson,
47 F.3d 272, 277 (8th Cir. 1995) (standard of review). We also conclude that
Mr. Martinez-Arrellano’s claim regarding misconduct by his public defender is not
properly before us. See United States v. Hughes, 330 F.3d 1068, 1069 (8th Cir.
2003).
Accordingly, we affirm.
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