United States v. Juan Guzman

FILED
NOT FOR PUBLICATION MAR 02 2010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. 09-50207
Plaintiff - Appellee, D.C. No. 3:08-cr-03543-LAB
v.
JUAN CARLOS GUZMAN, MEMORANDUM *
Defendant - Appellant.
Appeal from the United States District Court
for the Southern District of California
Larry A. Burns, District Judge, Presiding
Submitted February 16, 2010 **
Before: FERNANDEZ, GOULD, and M. SMITH, Circuit Judges.
Juan Carlos Guzman appeals from the 75-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 pursuant to 28 U.S.C. § 1291, and
*
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).
JC/Research
we affirm.
Guzman contends the district court erred by denying his request for a minor
role adjustment pursuant to U.S.S.G. § 3B1.2(b). Guzman failed to carry his
burden of proving that he is entitled to such an adjustment. See United States v.
Cantrell, 433 F.3d 1269, 1282-83 (9th Cir. 2006). Among other things, Guzman
knowingly transported a substantial amount of narcotics, see United States v.
Hursh, 217 F.3d 761, 770 (9th Cir. 2000), and planned on accepting money in
return, see United States v. Davis, 36 F.3d 1424, 1437 (9th Cir. 1994). Therefore,
the district court did not clearly err by declining to apply a minor role adjustment.
See Cantrell, 433 F.3d at 1283-84 (holding that district court’s decision regarding
defendant’s minor role status was not clearly erroneous); United States v. Howard,
894 F.2d 1085, 1091 (9th Cir. 1990) (holding that district court need not accept the
government’s recommendation of a minor role reduction).
AFFIRMED.
JC/Research 2 09-50207