Opinion
No. 07-10075.
The panel unanimously finds this case suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).
Filed November 20, 2007.
Cynthia R. Wood, Esq., Office of the U.S. Attorney, Evo A. Deconcini U.S. Courthouse, Tucson, AZ, for Plaintiff-Appellee.
Harriette P. Levitt, Esq., Law Offices of Harriette P. Levitt, Tucson, AZ, for Defendant-Appellant.
Appeal from the United States District Court for the District of Arizona, Raner C. Collins, District Judge, Presiding. D.C. No. CR-04-02498-RCC.
Before: B. FLETCHER, WARDLAW, and IKUTA, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Lenin Paul Salazar-Montoya appeals from his 24-month sentence imposed following his guilty-plea conviction for possession with intent to distribute marijuana, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(C). We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.
To the extent Salazar-Montoya contends the district court miscalculated his criminal history score, we conclude that the district court did not abuse its discretion. See United States v. Cantrell, 433 F.3d 1269, 1279-80 (9th Cir. 2006). To the extent Salazar-Montoya contends the district court should have reduced his criminal history score as overrated, we cannot say the sentence was unreasonable. See United States v. Mohamed, 459 F.3d 979, 988-89 (9th Cir. 2006).