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United States v. Robles-Salinas

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Mar 10, 2014
562 F. App'x 590 (9th Cir. 2014)

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NOT FOR PUBLICATION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.


Summaries of

United States v. Robles-Salinas

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Mar 10, 2014
562 F. App'x 590 (9th Cir. 2014)
Case details for

United States v. Robles-Salinas

Case Details

Full title:UNITED STATES OF AMERICA, Plaintiff - Appellee, v. OSCAR ALONSO…

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: Mar 10, 2014

Citations

562 F. App'x 590 (9th Cir. 2014)