What is the test for a defendant to be deemed a minor or minimal participant in a criminal case?
MultiRegion, United States of America
The following excerpt is from U.S. v. Smith, 988 F.2d 125 (9th Cir. 1993):
"We review a trial court's determination that a defendant is not a minor or minimal participant for clear error." Torres-Rodriguez, 930 F.2d at 1389. "[T]he role adjustment guideline specifically requires the court to adjust only for the defendant's role in the conviction offense, not in charged or uncharged collateral conduct." United States v. Zweber, 913 F.2d 705, 709 (9th Cir.1990).
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