U.S. v. DEMERS

No. 92-30310.

13 F.3d 1381 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. Dan DEMERS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided January 18, 1994.


Attorney(s) appearing for the Case

David F. Ness, Helena, MT, for defendant-appellant.

Kris A. McLean, Asst. U.S. Atty., Helena, MT, for plaintiff-appellee.

Before: CANBY, and REINHARDT, Circuit Judges, and TASHIMA, District Judge.


TASHIMA, District Judge:

Dan Demers appeals his sentence after pleading guilty to possession with intent to distribute cocaine in violation of 21 U.S.C. § 841(a)(1). Demers contends that the district court erred in finding as a matter of law that he was not entitled to a minor or minimal participant adjustment pursuant to U.S.S.G. § 3B1.2. The district court had jurisdiction under 18 U.S.C. § 3231. We have jurisdiction over this timely appeal under...

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