United States v. Teodoro Leon-Vargas ( 2014 )

FILED
NOT FOR PUBLICATION MAY 22 2014
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 13-50253
Plaintiff - Appellee, D.C. No. 3:12-cr-04970-LAB
v.
MEMORANDUM*
TEODORO LEON-VARGAS,
Defendant - Appellant.
Appeal from the United States District Court
for the Southern District of California
Larry A. Burns, District Judge, Presiding
Submitted May 13, 2014**
Before: CLIFTON, BEA, and WATFORD, Circuit Judges.
Teodoro Leon-Vargas appeals from the district court’s judgment and
challenges the 68-month sentence imposed following his guilty-plea conviction for
importation of methamphetamine, in violation of 21 U.S.C. §§ 952 and 960. We
have jurisdiction under 28 U.S.C. § 1291, and we affirm.
*
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).
Leon-Vargas contends that the district court erred by considering the amount
of drugs involved in the offense when it denied his request for a minor role
adjustment under U.S.S.G. § 3B1.2(b). This contention is foreclosed. See United
States v. Rodriguez-Castro, 641 F.3d 1189, 1192-93 (9th Cir. 2011) (relying in part
on the quantity of drugs involved to affirm denial of minor role adjustment); see
also Newdow v. Lefevre, 598 F.3d 638, 644 (9th Cir. 2010) (a three-judge panel is
bound by circuit precedent unless it is “clearly irreconcilable” with intervening
higher authority).
AFFIRMED.
2 13-50253