United States v. Genaro Garcia , 692 F. App'x 935 ( 2017 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS JUL 3 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 16-50108
Plaintiff-Appellee, D.C. No. 2:15-cr-00605-AB
v.
MEMORANDUM*
GENARO GILBERT VELASCO GARCIA,
a.k.a. Genaro Garcia, a.k.a. Genaro Velasco,
Defendant-Appellant.
Appeal from the United States District Court
for the Central District of California
André Birotte, Jr., District Judge, Presiding
Submitted June 26, 2017**
Before: PAEZ, BEA, and MURGUIA, Circuit Judges.
Genaro Gilbert Velasco Garcia appeals from the district court’s judgment
and challenges the 70-month sentence imposed following his guilty-plea
conviction for possession with intent to distribute methamphetamine, in violation
of 21 U.S.C. § 841(a)(1) and (b)(1)(C). We have jurisdiction under 28 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).
§ 1291, and we affirm.
Garcia contends that the district court erred in denying his request for a
mitigating role adjustment under U.S.S.G. § 3B1.2. He argues that the court failed
to evaluate his culpability relative to others in the drug distribution scheme and that
he is entitled to the adjustment under the five factors enumerated in the
commentary to the Guideline. We review the district court’s interpretation of the
Guidelines de novo and its application of the Guidelines to the facts of the case for
abuse of discretion. See United States v. Gasca-Ruiz, 852 F.3d 1167, 1170 (9th
Cir. 2017) (en banc). The record reflects that the district court properly considered
Garcia’s role in the trafficking scheme, and the factors enumerated in the Guideline
and the totality of the circumstances, to determine whether Garcia was
“substantially less culpable than the average participant.” See U.S.S.G. § 3B1.2
cmt. n.3(A), (C); United States v. Quintero-Leyva, 823 F.3d 519, 523 (9th Cir.
2016). Moreover, in light of the circumstances of the offense, the district court did
not abuse its discretion in concluding that Garcia was not a minor or minimal
participant.
AFFIRMED.
2 16-50108