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United States v. Fidel Angel-Ruiz

Court of Appeals for the Ninth Circuit · 15-50529 · 2017-02-27 · Unpublished

UNITED STATES of America, Plaintiff-Appellee, v. Fidel ANGEL-RUIZ, Defendant-Appellant

Proceeding
appeal
Trial court
United States District Court for the Southern District of California
Trial judge
Larry Alan Burns (district judge)
Outcome
affirmed — AFFIRMED.
Area
criminal
Panel
Joseph J. Farris (author), Alfred T. Goodwin, Ferdinand F. Fernandez

Analysis

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Opinion

FILED NOT FOR PUBLICATION FEB 27 2017

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

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 15-50529 Plaintiff-Appellee, D.C. No. 3:15-cr-01029-LAB v. MEMORANDUM* FIDEL ANGEL-RUIZ, Defendant-Appellant.

Appeal from the United States District Court for the Southern District of California Larry A. Burns, District Judge, Presiding Submitted February 14, 2017** Before: GOODWIN, FARRIS, and FERNANDEZ, Circuit Judges.

Fidel Angel-Ruiz appeals from the district court’s judgment and challenges the 78-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 Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). Angel-Ruiz contends that the district court clearly erred when it denied his request for a minor role adjustment under U.S.S.G. § 3B1.2. The record reflects that the court properly compared Angel-Ruiz to his co-participants in the offense, and considered all of the factors enumerated in the commentary to the minor role Guideline. See U.S.S.G. § 3B1.2 cmt. n.3(C) (2015); United States v. Quintero- Leyva, 823 F.3d 519, 523 (9th Cir. 2016). In light of the totality of the circumstances, including Angel-Ruiz’s repeated involvement in transporting drugs into the United States and money back to Mexico, we conclude that the district court did not clearly err in finding that Angel-Ruiz was not a minor participant.

See Quintero-Leyva, 823 F.3d at 522-23.

AFFIRMED.

2 15-50529

Cites, in this corpus