Opinion
No. 13-50067 D.C. No. 3:12-cr-03464-LAB
03-10-2014
UNITED STATES OF AMERICA, Plaintiff - Appellee, v. OSCAR ALONSO ROBLES-SALINAS, Defendant - Appellant.
NOT FOR PUBLICATION
MEMORANDUM
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Appeal from the United States District Court
for the Southern District of California
Larry A. Burns, District Judge, Presiding
Before: PREGERSON, LEAVY, and MURGUIA, Circuit Judges.
Oscar Alonso Robles-Salinas appeals from the district court's judgment and challenges the 60-month sentence imposed following his guilty-plea conviction for importation of heroin, in violation of 21 U.S.C. §§ 952 and 960. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Robles-Salinas contends that the district court erred by denying his request for a minor role adjustment under U.S.S.G. § 3B1.2(b). He argues that the court erred by (i) improperly considering his lack of candor with the probation officer, (ii) engaging in speculation about the type and amount of drugs involved in a prior smuggling venture, and (iii) giving undue consideration to the amount of drugs involved in the instant offense. Contrary to Robles-Salinas's contention, the court properly considered the totality of the circumstances in making its minor role determination. See U.S.S.G. § 3B1.2 cmt. n.3(C). Moreover, because Robles-Salinas failed to prove that he was substantially less culpable than the average participant in the offense, the district court did not clearly err by denying the adjustment. See U.S.S.G. § 3B1.2 cmt. n.3(A); United States v. Rodriguez-Castro, 641 F.3d 1189, 1192-93 (9th Cir. 2011).
AFFIRMED.