United States v. Christian Valle-Mendivil

619 F. App'x 660

• Court: Court of Appeals for the Ninth Circuit
• Decided: October 19, 2015
• Docket: 14-50502
• Status: Unpublished

Opinion

MEMORANDUM **

Christian Armando Valle-Mendivil appeals from the district court’s judgment and challenges the 75-month sentence imposed following his guilty-plea conviction for importation of methahiphetamine, in violation of 21 U.S.C. §§ 952, 960. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Valle-Mendivil contends that the district court erred by declining to award a minor-role adjustment under U.S.S.G. § 3B1.2(b). We review a district court’s interpretation of the Guidelines de novo and its determination that a defendant was not a minor participant for clear error. See United States v. Hurtado, 760 F.3d 1065, 1068 (9th Cir.2014), cert. denied, — U.S. -, 135 S.Ct. 1467, 191 L.Ed.2d 412 (2015). The record reflects that the court properly applied the Guidelines and our precedent, considering the totality of the circumstances, as well as Valle-MendiviTs understanding of the scheme and his role in the smuggling operation. See id. at 1068-69. The district court properly considered the quantity of drugs, the compensation involved, and the fact that Valle-Mendivil allowed the vehicle 'to be registered in his name. Because “[a]ny of these facts alone may justify denial of a minor role,” id,'the district court did not clearly err in denying the adjustment.

AFFIRMED.

** This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.