gno.law

United States v. Gustavo Gaytan-Salim

Court of Appeals for the Ninth Circuit · 14-50493 · 2015-10-19 · Unpublished

UNITED STATES of America, Plaintiff-Appellee, v. Gustavo GAYTAN-SALIM, Defendant-Appellant

Area
other
Panel
Barry G. Silverman (author), Jay S. Bybee, Paul J. Watford

Analysis

No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.

Opinion

FILED NOT FOR PUBLICATION OCT 19 2015

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

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 14-50493 Plaintiff - Appellee, D.C. No. 3:14-cr-01123-LAB v. MEMORANDUM* GUSTAVO GAYTAN-SALIM, Defendant - Appellant.

Appeal from the United States District Court for the Southern District of California Larry A. Burns, District Judge, Presiding Submitted October 14, 2015** Before: SILVERMAN, BYBEE, and WATFORD, Circuit Judges.

Gustavo Gaytan-Salim appeals from the district court’s judgment and challenges the 75-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 28 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). Gaytan-Salim contends that the district court erred by declining to award a minor-role adjustment under U.S.S.G. § 3B1.2(b). We review a district court’s interpretation of the Guidelines de novo and its determination that a defendant was not a minor role 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 record reflects that the court properly applied the Guidelines and our precedent, considering the totality of the circumstances as well as Gaytan-Salim’s role in the smuggling operation. See id. at 1068-69; United States v. Rodriguez-Castro, 641 F.3d 1189, 1193 (9th Cir. 2011). The district court did not clearly err in denying the adjustment. See Hurtado, 760 F.3d at 1068-69.

AFFIRMED.

2 14-50493

Cites, in this corpus