United States v. Melayne R. Danekas

*
The Honorable Warren K. Urbom, United States District Judge for the District
of Nebraska.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
___________
No. 01-3137
___________
United States of America, *
*
Appellee, * Appeal from the United States
* District Court for the District
v. * of Nebraska.
*
Ricardo Valencia Ibarra, * [UNPUBLISHED]
*
Appellant. *
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Submitted: December 21, 2001
Filed: January 8, 2002
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Before HANSEN, FAGG, and BEAM, Circuit Judges.
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PER CURIAM.
Ricardo Valencia Ibarra appeals the sentence imposed by the district court*
after Ibarra pleaded guilty to a methamphetamine-distribution offense. Ibarra argues
the district court committed error by denying a minor-participant reduction, see
U.S.S.G. § 3B1.2(b). We disagree. The district court did not commit clear error
because Ibarra–who declined to offer any evidence at sentencing–failed to prove his
entitlement to the role reduction. See United States v. Correa, 167 F.3d 414, 416 (8th

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Cir. 1999) (standard of review; defendant bears burden to prove he warrants role
reduction); United States v. Lucht, 18 F.3d 541, 556 (8th Cir.) (determination of
defendant's role in offense is to be made on basis of all relevant conduct and not
solely on act cited in count of conviction), cert. denied, 513 U.S. 949 (1994).
Accordingly, we affirm the district court.
A true copy.
Attest:
CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.

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