United States v. Gustavo Gaytan-Salim

619 F. App'x 671

• Court: Court of Appeals for the Ninth Circuit
• Decided: October 19, 2015
• Docket: 14-50493
• Status: Unpublished

Opinion

MEMORANDUM **

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

Gaytan-Salim 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 role 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 Gaytan-Salim’s role in the smuggling operation. See id. at 1068-69; United States v. Rodriguez-Castro, 641 F.3d 1189, 1193 (9th Cir.2011). The district court did not clearly err in denying the adjustment. See Hurtado, 760 F.3d at 1068-69.

AFFIRMED.

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