United States v. Severiano Rodriguez-Quinones

FILED
NOT FOR PUBLICATION MAY 18 2012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. 11-50105
Plaintiff - Appellee, D.C. No. 3:06-cr-00590-H
v.
MEMORANDUM *
SEVERIANO RODRIGUEZ-
QUINONES,
Defendant - Appellant.
Appeal from the United States District Court
for the Southern District of California
Marilyn L. Huff, District Judge, Presiding
Submitted May 15, 2012 **
Before: CANBY, GRABER, and M. SMITH, Circuit Judges.
Severiano Rodriguez-Quinones appeals from the 144-month sentence
imposed following his guilty-plea conviction for conspiracy to distribute
methamphetamine, in violation of 21 U.S.C. §§ 841(a)(1) and 846. We have
*
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).
jurisdiction under 28 U.S.C. § 1291, and we affirm.
Rodriguez-Quinones contends that the district court erred by declining to
award a minor role adjustment because he was merely a courier. In view of the
undisputed evidence that Rodriguez-Quinones made several trips across the border
transporting drugs and money, the district court did not clearly err by denying the
adjustment. See United States v. Cantrell, 433 F.3d 1269, 1282-83 (9th Cir. 2006).
Rodriguez-Quinones also contends that the district court erred by imposing a
two-level enhancement for using a minor to commit the offense. The district court
did not clearly err by imposing the enhancement, because the record reflects that
Rodriguez-Quinones affirmatively used his children and two other minors to
reduce the likelihood of detection. See U.S.S.G. § 3B1.4; United States v. Castro-
Hernandez, 258 F.3d 1057, 1059-60 (9th Cir. 2001).
The record reflects that Rodriguez-Quinones’s sentence, which is 66 months
below the low end of the advisory Sentencing Guidelines range, is substantively
reasonable in light of the totality of the circumstances and the 18 U.S.C. § 3553(a)
sentencing factors. See Gall v. United States, 552 U.S. 38, 51 (2007).
AFFIRMED.
2 11-50105