What is the test for determining whether a defendant is a minor or minimal participant in a criminal offence?

MultiRegion, United States of America

The following excerpt is from U.S. v. Acuna-Lopez, 5 F.3d 540 (9th Cir. 1993):

This court reviews for clear error the district court's decision on whether a defendant is a minor or minimal participant in a criminal offense. United States v. Zweber, 913 F.2d 705, 708 (9th Cir.1990). The district court denied Lopez a reduction, finding that Lopez was deeply involved in negotiating the transaction, and had knowledge of all the terms and conditions of purchase and delivery. This finding is supported by the evidence adduced at trial. Because Lopez was deeply involved in the conspiracy, and was not substantially less culpable than the average participant, there was no clear error in the determination that Lopez was not a minor or minimal participant. See United States v. Andrus, 925 F.2d 335, 338 (9th Cir.), cert. denied, 112 S.Ct. 249 (1991).

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