United States v. Nunez-Rosas , 66 F. App'x 748 ( 2003 )

MEMORANDUM ^**

Jose Nunez-Rosas appeals his conviction and 70-month sentence imposed following his guilty plea to distribution of methamphetamine, in violation of 21 U.S.C. § 841(a)(1). We have jurisdiction pursuant to 18 U.S.C. § 3742 and 28 U.S.C. § 1291, and we affirm.

Nunez-Rosas contends that the district court erred by imposing a two-level enhancement to his base offense level for possession of a firearm pursuant to United States Sentencing Guidelines (“U.S.S.G”) § 2Dl.l(b)(l). Reviewing for clear error, we conclude that the district court’s finding that the co-defendant’s possession of the firearm was foreseeable was not erroneous. See United States v. Garcia, 909 F.2d 1346, 1349-50 (9th Cir.1990). Consequently, the district court properly refused to grant a two-level “safety valve” reduction pursuant to U.S.S.G. § 2Dl.l(b)(6). See U.S.S.G. § 5C1.2 (a)(2).

■ Nunez-Rosas also contends that the district court erred by denying him a two-level reduction for his minor role in the offense pursuant to U.S.S.G. § 3B1.2. After reviewing the record, we conclude that the district court’s finding that NunezRosas failed to prove by a preponderance of the evidence that he qualified for a minor role adjustment was not clearly erroneous. See United States v. Ladum, 141 F.3d 1328, 1348 (9th Cir.1998).

AFFIRMED.

** This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by Ninth Circuit Rule 36-3.