United States of America v. Manuel Octavio Barcelo- Ortega

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
MANUEL OCTAVIO BARCELO-
ORTEGA,
Defendant - Appellant.
No. 13-10121
D.C. No. 4:12-cr-01478-JGZ-
LAB-1
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
Jennifer G. Zipps, District Judge, Presiding
Submitted October 23, 2013**
Before: HUG, FARRIS, and LEAVY, Circuit Judges.
Manuel Octavio Barcelo-Ortega appeals from the district court’s judgment
and challenges the 87-month sentence imposed following his guilty-plea
conviction for possession with intent to distribute 9.7 kilograms of
FILED
NOV 25 2013
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* 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).

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methamphetamine, in violation of 21 U.S.C. § 841(a)(1), (b)(1)(A)(viii), and
possession with intent to distribute 1.1 kilograms of heroin, in violation of 21
U.S.C. § 841(a)(1), (b)(1)(A)(i). We have jurisdiction under 28 U.S.C. § 1291, and
we affirm.
Barcelo-Ortega contends that the district court erred when it imposed a two-
level adjustment under U.S.S.G. § 3B1.2(b) for being a minor participant instead of
a four-level adjustment for being a minimal participant under U.S.S.G. § 3B1.2(a).
We review for clear error. United States v. Tankersley, 537 F.3d 1100, 1110 (9th
Cir. 2008). The district court did not clearly err because Barcelo-Ortega was
entrusted with very large quantities of heroin and methamphetamine. See United
States v. Rodriguez-Castro, 641 F.3d 1189, 1193 (9th Cir. 2011); United States v.
Webster, 996 F.2d 209, 211-12 n.5 (9th Cir. 1993); United States v. Lui, 941 F.2d
844, 849 (9th Cir. 1991).
AFFIRMED.

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