U.S. v. OLIVA-GAMBINI

No. 89-1312.

909 F.2d 417 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. Jorge Luis OLIVA-GAMBINI, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

July 24, 1990.


Attorney(s) appearing for the Case

Michael G. Katz, Federal Public Defender and Janine Yunker, Asst. Federal Public Defender, Denver, Colo., for defendant-appellant.

Michael J. Norton, Acting U.S. Atty., and Kathryn Meyer and David M. Gaouette, Asst. U.S. Attys., Denver, Colo., for plaintiff-appellee.

Before SEYMOUR and ANDERSON, Circuit Judges and COOK, District Judge.


SEYMOUR, Circuit Judge.

Defendant Jorge Oliva-Gambini pled guilty to three counts of distribution of cocaine, in violation of 21 U.S.C. §§ 841(a)(1) and (b)(1)(C) (1988). In sentencing Oliva-Gambini, the district court allowed a two-point reduction for acceptance of responsibility, but refused to give another two-point reduction for minor-participant-in-the-offense status. Oliva-Gambini appeals the denial of minor-participant status, and we affirm.

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