United States v. Derek Ard , 397 F. App'x 371 ( 2010 )

FILED
NOT FOR PUBLICATION SEP 28 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 08-30158
Plaintiff - Appellee, D.C. No. 1:06-cr-00125-RFC-1
v.
MEMORANDUM *
DEREK ARD,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Montana
Richard F. Cebull, Chief Judge, Presiding
Submitted September 13, 2010 **
Before: SILVERMAN, CALLAHAN, and N.R. SMITH, Circuit Judges.
Derek Ard appeals from the 175-month sentence imposed following his
guilty-plea conviction for conspiracy to possess with intent to distribute
methamphetamine, in violation of 21 U.S.C. § 846. We have jurisdiction under 28
U.S.C. § 1291, and we affirm.
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
Ard contends the district court erred by applying a three-level adjustment
under U.S.S.G § 3B1.1(b) for his role as a manager or supervisor in the offense.
We review for clear error the district court’s determination as to whether a
defendant qualifies for a role adjustment. See United States v. Maldonado, 215
F.3d 1046, 1050 (9th Cir. 2000). The district court did not clearly err in light of
evidence that Ard served as one of the two primary distributors for the leader of the
conspiracy, and that Ard was fronted drugs to sell to other distributors. See United
States v. Egge, 223 F.3d 1128, 1132 (9th Cir. 2000) (three-level adjustment was
proper where defendant used others to help him sell drugs).
AFFIRMED.
2 08-30158