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United States v. Barrios
Citation: 241 F. App'x 418Docket: No. 06-50638
Court: Court of Appeals for the Ninth Circuit; July 19, 2007; Federal Appellate Court
David Barrios appeals a 57-month sentence for cocaine importation under 21 U.S.C. §§ 952 and 960. The court has jurisdiction under 28 U.S.C. § 1291 and has granted Barrios' motion to modify the record. The appeal centers on the district court's denial of a minor role adjustment under U.S.S.G. § 3B1.2(b), which Barrios argues was erroneous due to the court's failure to consider all participants in the criminal scheme when assessing his relative culpability. The appellate court agrees, referencing the case United States v. Rojas-Millan, 234 F.3d 464, 472-74 (9th Cir. 2000), noting that evidence of at least one other participant was not considered by the district court. Consequently, the appellate court vacates Barrios' sentence and remands the case for further proceedings, rendering it unnecessary to address additional contentions. The decision is not intended for publication and does not serve as precedent except as outlined in 9th Cir. R. 36-3.