United States v. Jose Maravilla-Leon

FILED
NOT FOR PUBLICATION MAR 09 2012
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. 11-10404
Plaintiff - Appellee, D.C. No. 4:09-cr-01865-RCC
v.
MEMORANDUM *
JOSE MARAVILLA-LEON,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Arizona
Raner C. Collins, District Judge, Presiding
Submitted March 6, 2012 **
Before: B. FLETCHER, REINHARDT, and TASHIMA, Circuit Judges.
Jose Maravilla-Leon appeals from the 46-month sentence imposed following
his jury-trial conviction for possession with intent to distribute marijuana, in
violation of 21 U.S.C. § 841(a)(1) and (b)(1)(D). We have jurisdiction under
*
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).
28 U.S.C. § 1291, and we affirm.
Maravilla-Leon contends that the district court erred by denying a minor role
adjustment pursuant to U.S.S.G. § 3B1.2(b). The district court did not clearly err
in denying the adjustment. See U.S.S.G. § 3B1.2 cmt. n. 3(A); United States v.
Hursh, 217 F.3d 761, 770 (9th Cir. 2000).
Maravilla-Leon also contends that because the jury did not make a weight
determination as to the weight of the drugs seized, the district court was limited to
a weight determination of 50 kilograms pursuant to 21 U.S.C. § 841(b)(1)(D).
This argument fails because the district court may determine drug quantity as long
as that determination does not have the effect of increasing the statutory maximum
sentence. See United States v. Alvarez, 358 F.3d 1194, 1211-12 (9th Cir. 2004).
AFFIRMED.
2 11-10404