United States v. John Mohammadi

FILED
NOT FOR PUBLICATION DEC 13 2010
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. 10-30079
Plaintiff - Appellee, D.C. No. 2:09-cr-00352-RSM
v.
MEMORANDUM *
JOHN MOHAMMADI,
Defendant - Appellant.
Appeal from the United States District Court
for the Western District of Washington
Ricardo S. Martinez, District Judge, Presiding
Submitted December 6, 2010 **
Before: GOODWIN, RYMER, and GRABER, Circuit Judges.
John Mohammadi appeals from the 24-month sentence imposed following
his guilty-plea conviction for bulk cash smuggling, in violation of 31 U.S.C.
§ 5332 and 18 U.S.C. § 2. 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).
Mohammadi contends that the district court procedurally erred by denying
his request for a two-level minor role adjustment pursuant to U.S.S.G. § 3B1.2.
The district court did not clearly err by denying Mohammadi’s request for a
downward adjustment. See United States v. Cantrell, 433 F.3d 1283-84 (9th Cir.
2006); see also United States v. Hursh, 217 F.3d 761, 770 (9th Cir. 2000) (the fact
that a defendant acted as a courier does not mean his role was minor).
Mohammadi also contends that the sentence is substantively unreasonable in
light of his individual circumstances. The record reflects that the district court did
not procedurally err, and the sentence is substantively reasonable in light of the 18
U.S.C. § 3553(a) factors and the totality of the circumstances. See Gall v. United
States, 552 U.S. 38, 51 (2007); see also United States v. Carty, 520 F.3d 984, 991-
93 (9th Cir. 2008) (en banc).
AFFIRMED.
2 10-30079