United States v. Irvin Torres Guzman ( 2015 )

FILED
NOT FOR PUBLICATION JUN 25 2015
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 14-50353
Plaintiff - Appellee, D.C. No. 3:13-cr-02646-L
v.
MEMORANDUM*
IRVIN ALEJANDRO TORRES
GUZMAN,
Defendant - Appellant.
Appeal from the United States District Court
for the Southern District of California
M. James Lorenz, District Judge, Presiding
Submitted June 22, 2015 **
Before: HAWKINS, GRABER, and W. FLETCHER, Circuit Judges.
Irvin Alejandro Torres Guzman appeals from the district court’s judgment
and challenges the 60-month sentence imposed following his guilty-plea
convictions for importation of methamphetamine and heroin, in violation of 21
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
U.S.C. §§ 952 and 960. We have jurisdiction under 28 U.S.C. § 1291, and we
affirm.
Torres Guzman contends that the district court erred by denying his request
for a minor role adjustment under U.S.S.G. § 3B1.2(b) and by misinterpreting the
Guidelines. We review the district court’s interpretation of the Guidelines de novo,
and its factual determination that a defendant is not a minor participant for clear
error. See United States v. Hurtado, 760 F.3d 1065, 1068 (9th Cir. 2014), cert.
denied, 135 S. Ct. 1467 (2015).
The district court did not clearly err by finding that Torres Guzman did not
play a minor role in the offense, especially in light of the amount of drugs involved
and the nature and extent of Torres Guzman’s involvement with the drug
trafficking organization. See id., 760 F.3d at 1069. Furthermore, contrary to
Torres Guzman’s contention, the district court did not misinterpret the Guidelines.
AFFIRMED.
2 14-50353