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No. 8624535
United States Court of Appeals for the Ninth Circuit
United States v. Mireles-Martinez
No. 8624535 · Decided August 25, 2006
No. 8624535·Ninth Circuit · 2006·
FlawFinder last updated this page Apr. 2, 2026
Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
August 25, 2006
Citation
No. 8624535
Disposition
See opinion text.
Full Opinion
*613 MEMORANDUM ** Bernarda Mireles-Martinez appeals from the 87-month sentence imposed after her bench-trial conviction for conspiracy to possess with intent to distribute heroin, in violation of 21 U.S.C. § 846 ; possession with intent to distribute heroin, in violation of 21 U.S.C. § 841 (a)(1), (b)(1)(B); and possession with intent to distribute and distribution of methamphetamine, in violation of 21 U.S.C. § 841 (a)(1), (b)(1)(B). We have jurisdiction under 28 U.S.C. § 1291 and affirm. Mireles-Martinez contends that the district court wrongly denied her a downward adjustment for being a minor participant because it failed to consider her conduct in relation to that of her co-participants in the offense. This contention is belied by the record. The district court considered, in the larger context of the drug conspiracy, the extent of Mireles-Martinez’s involvement as a negotiator for and dealer of significant amounts of narcotics. The district court therefore did not clearly err in concluding Mireles-Martinez was not a minor participant. S ee United States v. Rodriguez-Cruz, 255 F.3d 1054, 1059-60 (9th Cir. 2001). AFFIRMED. This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.
Plain English Summary
*613 MEMORANDUM ** Bernarda Mireles-Martinez appeals from the 87-month sentence imposed after her bench-trial conviction for conspiracy to possess with intent to distribute heroin, in violation of 21 U.S.C.
Key Points
01*613 MEMORANDUM ** Bernarda Mireles-Martinez appeals from the 87-month sentence imposed after her bench-trial conviction for conspiracy to possess with intent to distribute heroin, in violation of 21 U.S.C.
02§ 846 ; possession with intent to distribute heroin, in violation of 21 U.S.C.
03§ 841 (a)(1), (b)(1)(B); and possession with intent to distribute and distribution of methamphetamine, in violation of 21 U.S.C.
04Mireles-Martinez contends that the district court wrongly denied her a downward adjustment for being a minor participant because it failed to consider her conduct in relation to that of her co-participants in the offense.
Frequently Asked Questions
*613 MEMORANDUM ** Bernarda Mireles-Martinez appeals from the 87-month sentence imposed after her bench-trial conviction for conspiracy to possess with intent to distribute heroin, in violation of 21 U.S.C.
FlawCheck shows no negative treatment for United States v. Mireles-Martinez in the current circuit citation data.
This case was decided on August 25, 2006.
Use the citation No. 8624535 and verify it against the official reporter before filing.