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United States v. Raul Wong

Court of Appeals for the Ninth Circuit · 14-50195 · 2015-04-27 · Unpublished

UNITED STATES of America, Plaintiff-Appellee, v. Raul Flores WONG, Defendant-Appellant

Area
other
Panel
Jay S. Bybee (author), Alfred T. Goodwin, Morgan Christen

Analysis

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Opinion

FILED NOT FOR PUBLICATION APR 27 2015

MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 14-50195 Plaintiff - Appellee, D.C. No. 3:13-cr-04431-LAB v. MEMORANDUM* RAUL FLORES WONG, Defendant - Appellant.

Appeal from the United States District Court for the Southern District of California Larry A. Burns, District Judge, Presiding Submitted April 22, 2015** Before: GOODWIN, BYBEE, and CHRISTEN, Circuit Judges.

Raul Flores Wong appeals from the district court’s judgment and challenges the 72-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 18 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). Flores Wong contends that the district court erred by applying an incorrect legal standard 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 the district court’s factual determination that a defendant is not a minor participant.

See United States v. Hurtado, 760 F.3d 1065, 1068 (9th Cir. 2014), cert. denied 135 S. Ct. 1467 (2015). Contrary to Flores Wong’s contention, the record reflects that the court properly considered his culpability relative to that of the average participant in the offense. See U.S.S.G. § 3B1.2 cmt. n.3(A). Further, to the extent Flores Wong contends that he is entitled to a minor role reduction, the district court did not clearly err in denying the adjustment. See Hurtado, 760 F.3d at 1069.

AFFIRMED.

2 14-50195

Cites, in this corpus