United States of America v. Derek Ard

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously concludes this case is suitable for decision**
without oral argument. See Fed. R. App. P. 34(a)(2).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
DEREK ARD,
Defendant - Appellant.
No. 08-30158
D.C. No. 1:06-cr-00125-RFC-1
MEMORANDUM*
Appeal from the United States District Court
for the District of Montana
Richard F. Cebull, Chief Judge, Presiding
Submitted September 13, 2010**
Before: SILVERMAN, CALLAHAN, and N.R. SMITH, Circuit Judges.
Derek Ard appeals from the 175-month sentence imposed following his
guilty-plea conviction for conspiracy to possess with intent to distribute
methamphetamine, in violation of 21 U.S.C. § 846. We have jurisdiction under 28
U.S.C. § 1291, and we affirm.
FILED
SEP 28 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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08-30158 2
Ard contends the district court erred by applying a three-level adjustment
under U.S.S.G § 3B1.1(b) for his role as a manager or supervisor in the offense.
We review for clear error the district court’s determination as to whether a
defendant qualifies for a role adjustment. See United States v. Maldonado, 215
F.3d 1046, 1050 (9th Cir. 2000). The district court did not clearly err in light of
evidence that Ard served as one of the two primary distributors for the leader of the
conspiracy, and that Ard was fronted drugs to sell to other distributors. See United
States v. Egge, 223 F.3d 1128, 1132 (9th Cir. 2000) (three-level adjustment was
proper where defendant used others to help him sell drugs).
AFFIRMED.

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