United States v. Eugenio Haros-Giron , 487 F. App'x 405 ( 2012 )

FILED
NOT FOR PUBLICATION NOV 19 2012
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 11-50563
Plaintiff - Appellee, D.C. No. 3:11-cr-01097-LAB
v.
MEMORANDUM *
EUGENIO HAROS-GIRON,
Defendant - Appellant.
Appeal from the United States District Court
for the Southern District of California
Larry A. Burns, District Judge, Presiding
Submitted November 13, 2012 **
Before: CANBY, TROTT, and W. FLETCHER, Circuit Judges.
Eugenio Haros-Giron appeals from the 60-month sentence imposed
following his guilty-plea conviction for conspiracy to import marijuana, in
violation of 21 U.S.C. §§ 952, 960, 963; and importation of marijuana and aiding
*
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).
and abetting, in violation of 21 U.S.C. §§ 952, 960, and 18 U.S.C. § 2. We have
jurisdiction under 28 U.S.C. § 1291, and we affirm.
Haros-Giron contends that the district court erred by denying him relief
under the safety valve provision of the Guidelines. See U.S.S.G. § 5C1.2. This
contention fails. The record supports the district court’s determination that
Haros-Giron acted as a manager or supervisor during the commission of the
offense. See U.S.S.G. § 3B1.1(b); United States v. Egge, 223 F.3d 1128, 1132 (9th
Cir. 2000). Because Haros-Giron’s aggravating role in the offense precludes the
application of safety valve relief, the district court did not err. See U.S.S.G.
§ 5C1.2(a)(4).
AFFIRMED.
2 11-50563