Opinion
No. 14-50365
09-01-2015
UNITED STATES OF AMERICA, Plaintiff - Appellee, v. DOMINGO EDWARD OWEN, Defendant - Appellant.
NOT FOR PUBLICATION
D.C. No. 3:14-cr-00990-WQH MEMORANDUM Appeal from the United States District Court for the Southern District of California
William Q. Hayes, District Judge, Presiding
Before: McKEOWN, CLIFTON, and HURWITZ, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Domingo Edward Owen appeals from the district court's judgment and challenges the 78-month sentence imposed following his guilty-plea conviction for possession of methamphetamine with intent to distribute, in violation of 21 U.S.C. § 841(a)(1). We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Owen asserts 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, 135 S. Ct. 1467 (2015). The record reflects that the court properly applied the Guidelines and our precedent, considering the totality of the circumstances as well as Owen'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 error in denying the adjustment. See Hurtado, 760 F.3d at 1068-69.
AFFIRMED.