United States v. Alfonso Banderas-Martinez

Opinion

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS OCT 29 2018 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 17-30232

Plaintiff-Appellee, D.C. No. 1:16-cr-00053-SPW

v. MEMORANDUM* ALFONSO BANDERAS-MARTINEZ, a.k.a. Alfonso Martinez-Solorio,

Defendant-Appellant.

Appeal from the United States District Court for the District of Montana Susan P. Watters, District Judge, Presiding

Submitted October 22, 2018**

Before: SILVERMAN, GRABER, and GOULD, Circuit Judges.

Alfonso Banderas-Martinez appeals from the district court’s judgment and

challenges the 120-month sentence imposed following his guilty-plea conviction

for possession with intent to distribute methamphetamine, in violation of 21 U.S.C.

§ 841(a)(1), (b)(1)(A). We have jurisdiction under 28 U.S.C. § 1291, and we

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). affirm.

Banderas-Martinez contends that the district court erred by denying a minor

role adjustment under U.S.S.G. § 3B1.2. We review the district court’s factual

findings for clear error and its application of the Guidelines to the facts for abuse

of discretion. See United States v. Gasca-Ruiz, 852 F.3d 1167, 1170 (9th Cir.

2017) (en banc). The record shows that the district court denied the minor role

adjustment after considering each of the factors, see U.S.S.G. § 3B1.2 cmt. n.3(C),

and did not base the denial on clearly erroneous factual findings. The district

court’s decision to deny a minor role reduction was not an abuse of discretion in

light of Banderas-Martinez’s participation in multiple high-quantity deliveries to

several lesser associates and the amount of methamphetamine involved in the

offense. See United States v. Quintero-Leyva, 823 F.3d 519, 523 (9th Cir. 2016).

AFFIRMED.

2 17-30232