United States v. Jesus Briones

FILED
NOT FOR PUBLICATION MAR 13 2014
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 13-50309
Plaintiff - Appellee, D.C. No. 3:13-cr-00002-LAB
v.
MEMORANDUM*
JESUS BRIONES,
Defendant - Appellant.
Appeal from the United States District Court
for the Southern District of California
Larry A. Burns, District Judge, Presiding
Submitted March 10, 2014**
Before: PREGERSON, LEAVY, and MURGUIA, Circuit Judges.
Jesus Briones appeals from the district court’s judgment and challenges the
70-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).
Briones contends that the district court legally erred by misapplying the
Guidelines and using improper standards and factors to deny his request for a
minor role adjustment under U.S.S.G. § 3B1.2(b). We review de novo the district
court’s interpretation of the Guidelines and for clear error its factual determination
that a defendant is not a minor participant. See United States v. Rodriguez-Castro,
641 F.3d 1189, 1192 (9th Cir. 2011). The record reflects that the court followed
the Guidelines by comparing Briones’s conduct to that of an average participant,
properly considered the totality of the circumstances in making its minor role
determination, and did not rely on improper factors. See U.S.S.G. § 3B1.2 cmt.
n.3(A), (C); Rodriguez-Castro, 641 F.3d at 1192-93. Because Briones failed to
establish that he was substantially less culpable than the average participant, the
district court did not clearly err by denying the adjustment. See U.S.S.G. § 3B1.2
cmt. n.3(A); Rodriguez-Castro, 641 F.3d at 1192-93.
Briones also contends that his sentence is substantively unreasonable. The
district court did not abuse its discretion in imposing Briones’s sentence. See Gall
v. United States, 552 U.S. 38, 51 (2007). The sentence 17 months below the
bottom of the advisory Guidelines range is substantively reasonable in light of the
totality of the circumstances and 18 U.S.C. § 3553(a) sentencing factors. See id.
AFFIRMED.
2 13-50309