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United States v. Irvin Torres Guzman

Court of Appeals for the Ninth Circuit · 14-50353 · 2015-06-25 · Unpublished

UNITED STATES of America, Plaintiff-Appellee, v. Irvin Alejandro Torres GUZMAN, Defendant-Appellant

Area
other
Panel
James S. Hawkins (author), Fletcher, Susan Graber

Analysis

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Opinion

FILED NOT FOR PUBLICATION JUN 25 2015

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

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 14-50353 Plaintiff - Appellee, D.C. No. 3:13-cr-02646-L v. MEMORANDUM* IRVIN ALEJANDRO TORRES GUZMAN, Defendant - Appellant.

Appeal from the United States District Court for the Southern District of California M. James Lorenz, District Judge, Presiding Submitted June 22, 2015 ** Before: HAWKINS, GRABER, and W. FLETCHER, Circuit Judges.

Irvin Alejandro Torres Guzman appeals from the district court’s judgment and challenges the 60-month sentence imposed following his guilty-plea convictions for importation of methamphetamine and heroin, in violation of 21 * 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). U.S.C. §§ 952 and 960. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Torres Guzman contends that the district court erred by denying his request for a minor role adjustment under U.S.S.G. § 3B1.2(b) and by misinterpreting the Guidelines. We review the district court’s interpretation of the Guidelines de novo, and its factual determination that a defendant is not a minor participant for clear error. See United States v. Hurtado, 760 F.3d 1065, 1068 (9th Cir. 2014), cert.

denied, 135 S. Ct. 1467 (2015).

The district court did not clearly err by finding that Torres Guzman did not play a minor role in the offense, especially in light of the amount of drugs involved and the nature and extent of Torres Guzman’s involvement with the drug trafficking organization. See id., 760 F.3d at 1069. Furthermore, contrary to Torres Guzman’s contention, the district court did not misinterpret the Guidelines.

AFFIRMED.

2 14-50353

Cites, in this corpus