United States v. Homar Renova-Castillo

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS FILED
FOR THE NINTH CIRCUIT DEC 17 2014
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
UNITED STATES OF AMERICA, No. 14-30018
Plaintiff - Appellee, D.C. No. 1:13-cr-00046-SPW
v.
MEMORANDUM*
HOMAR RENOVA-CASTILLO,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Montana
Susan P. Watters, District Judge, Presiding
Submitted December 9, 2014**
Before: WALLACE, LEAVY, and BYBEE, Circuit Judges.
Homar Renova-Castillo appeals from the district court’s judgment and
challenges the 135-month sentence imposed following his guilty-plea conviction
for conspiracy to possess methamphetamine with intent to distribute, in violation
of 21 U.S.C. § 846. 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).
Renova-Castillo contends that the district court erred when it determined the
quantity of methamphetamine for purposes of establishing his base offense level
under the Sentencing Guidelines. He argues that the court should have calculated a
lesser amount because he possessed some of the methamphetamine for personal
use and not with the intent to distribute. We review the district court’s factual
findings at sentencing for clear error. See United States v. Asagba, 77 F.3d 324,
325 (9th Cir. 1996). The record reflects that the district court did not clearly err in
finding that Renova-Castillo conspired to possess with the intent to distribute at
least 1.8 kilograms of methamphetamine.
AFFIRMED.
2 14-30018