United States v. Carlos Cervantes , 693 F. App'x 680 ( 2017 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS JUL 17 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 15-50405
Plaintiff-Appellee, D.C. No. 2:14-cr-00571-AB-3
v.
MEMORANDUM*
CARLOS ANTONIO CERVANTES,
Defendant-Appellant.
Appeal from the United States District Court
for the Central District of California
André Birotte, Jr., District Judge, Presiding
Submitted July 11, 2017**
Before: CANBY, KOZINSKI, and HAWKINS, Circuit Judges.
Carlos Antonio Cervantes appeals from the district court’s judgment and
challenges the 78-month sentence imposed following his guilty-plea conviction for
conspiracy to possess with intent to distribute marijuana, in violation of 21 U.S.C.
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
§§ 841(a)(1), (b)(1)(C), and 846. We have jurisdiction under 28 U.S.C. § 1291,
and we affirm.
Cervantes contends that he is entitled to resentencing under United States v.
Quintero-Leyva, 823 F.3d 519 (9th Cir. 2016), because the district court did not
consider the 2015 amendment to the minor role guideline, U.S.S.G. § 3B1.2, when
evaluating his request for a minor role reduction. We decline to remand because
the record reflects that the district court considered the amendment in concluding
that Cervantes and his two co-conspirators were not entitled to a minor role
adjustment. The record makes clear that the court would not reach a different
conclusion if Cervantes’s case were remanded.
AFFIRMED.
2 15-50405