United States v. Severiano Rodriguez-Quinones

473 F. App'x 602

• Court: Court of Appeals for the Ninth Circuit
• Decided: May 18, 2012
• Docket: 11-50105
• Status: Unpublished

Opinion

MEMORANDUM **

Severiano Rodriguez-Quinones appeals from the 144-month sentence imposed following his guilty-plea conviction for conspiracy to distribute methamphetamine, in violation of 21 U.S.C. §§ 841(a)(1) and 846. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Rodriguez-Quinones contends that the district court erred by declining to award a minor role adjustment because he was merely a courier. In view of the undisputed evidence that Rodriguez-Quinones made several trips across the border transporting drugs and money, the district court did not clearly err by denying the adjustment. See United States v. Cantrell, 433 F.3d 1269,1282-83 (9th Cir.2006).

Rodriguez-Quinones also contends that the district court erred by imposing a two-level enhancement for using a minor to commit the offense. The district court did not clearly err by imposing the enhancement, because the record reflects that Rodriguez-Quinones affirmatively used his children and two other minors to reduce the likelihood of detection. See U.S.S.G. § 3B1.4; United States v. Castro-Hernandez, 258 F.3d 1057, 1059-60 (9th Cir.2001).

The record reflects that Rodriguez-Quinones’s sentence, which is 66 months below the low end of the advisory Sentencing Guidelines range, is substantively reasonable in light of the totality of the circumstances and the 18 U.S.C. § 3553(a) sentencing factors. 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 9th Cir. R. 36-3.