United States v. Raul Preciado-Ovalles

Ninth Circuit

United States v. Raul Preciado-Ovalles

615 F. App'x 437

CourtCourt of Appeals for the Ninth Circuit

DecidedSeptember 1, 2015

Docket14-50377

StatusUnpublished

This text of 615 F. App'x 437 (United States v. Raul Preciado-Ovalles) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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United States v. Raul Preciado-Ovalles, 615 F. App'x 437 (9th Cir. 2015).

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Opinion

MEMORANDUM **

Raul Preciado-Ovalles appeals from the district court’s judgment'and challenges the 70-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.

Preciado-Ovalles contends that the district court relied on improper factors to deny his request for a minor role adjustment under U.S.S.G. § 3B1.2(b). We review de novo the district court’s interpretation of the Guidelines and for clear error its factual determination that a defendant is not a minor participant. See United States v. Rodriguez-Castro, 641 F.3d 1189, 1192 (9th Cir.2011). The record reflects that the district court understood and applied the correct legal standard, properly considered the totality of the circumstances, and did not rely on improper factors in denying the adjustment. See U.S.S.G. § 3B1.2 cmt. n.3(A), (C); United States v. Hurtado, 760 F.3d 1065, 1068-69 (9th Cir.2014), cert. denied, — U.S. -, 135 S.Ct. 1467, 191 L.Ed.2d 412 (2015). The record further supports the court’s conclusion that Preciado-Ovalles failed to carry his burden of establishing that he was entitled to the adjustment. See Rodriguez-Castro, 641 F.3d at 1193.

Preciado-Ovalles next contends that the district court procedurally erred by imposing a pre-determined sentence and by failing to explain the sentence adequately. These contentions are not supported by the record.

Lastly, Preciado-Ovalles contends that his sentence is substantively unreasonable. The district court did not abuse its discretion in imposing the sentence, which is 38 months below the bottom of the Guidelines range. See Gall v. United States, 552 U.S. 38, 51, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007).

AFFIRMED.

**

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

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MEMORANDUM **

Raul Preciado-Ovalles appeals from the district court’s judgment'and challenges the 70-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.

Preciado-Ovalles contends that the district court relied on improper factors to deny his request for a minor role adjustment under U.S.S.G. § 3B1.2(b). We review de novo the district court’s interpretation of the Guidelines and for clear error its factual determination that a defendant is not a minor participant. See United States v. Rodriguez-Castro, 641 F.3d 1189, 1192 (9th Cir.2011). The record reflects that the district court understood and applied the correct legal standard, properly considered the totality of the circumstances, and did not rely on improper factors in denying the adjustment. See U.S.S.G. § 3B1.2 cmt. n.3(A), (C); United States v. Hurtado, 760 F.3d 1065, 1068-69 (9th Cir.2014), cert. denied, — U.S. -, 135 S.Ct. 1467, 191 L.Ed.2d 412 (2015). The record further supports the court’s conclusion that Preciado-Ovalles failed to carry his burden of establishing that he was entitled to the adjustment. See Rodriguez-Castro, 641 F.3d at 1193.

Preciado-Ovalles next contends that the district court procedurally erred by imposing a pre-determined sentence and by failing to explain the sentence adequately. These contentions are not supported by the record.

Lastly, Preciado-Ovalles contends that his sentence is substantively unreasonable. The district court did not abuse its discretion in imposing the sentence, which is 38 months below the bottom of the Guidelines range. See Gall v. United States, 552 U.S. 38, 51, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007).

AFFIRMED.

**

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

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