United States v. Roberto Navarro-Erunes

FILED
MAR 05 2012
NOT FOR PUBLICATION
MOLLY C. DWYER, CLERK
U .S. C O U R T OF APPE ALS
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 11-10200
Plaintiff - Appellee, D.C. No. 4:10-cr-00449-RCC
v.
MEMORANDUM *
ROBERTO NAVARRO-ERUNES,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Arizona
Raner C. Collins, District Judge, Presiding
Submitted February 21, 2012 **
Before: FERNANDEZ, McKEOWN, and BYBEE, Circuit Judges.
Roberto Navarro-Erunes appeals from the 38-month sentence imposed
following his guilty-plea conviction for conspiracy to possess with intent to
distribute marijuana, in violation of 21 U.S.C. § 846, § 841(a)(1), 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).
(b)(1)(B)(vii), and possession with intent to distribute marijuana, in violation of 21
U.S.C. § 841(a)(1) and (b)(1)(B)(vii). We have jurisdiction under 28 U.S.C.
§ 1291, and we affirm.
Navarro-Erunes contends that the district court abused its discretion by
denying a minor role reduction based on a misconception that it lacked the
authority to do so. The record reflects that the district court understood its
authority to grant a downward adjustment on this basis, but found the
circumstances insufficient to warrant the reduction. The district court did not
clearly err by declining to award the minor-role adjustment. See United States v.
Cantrell, 433 F.3d 1269, 1283-84 (9th Cir. 2006).
AFFIRMED.
2 11-10200