United States v. Toni MacIel
UNITED STATES of America, Plaintiff-Appellee, v. Toni MACIEL, Defendant-Appellant
- Area
- other
- Panel
- Kim M. Wardlaw (author), Smith, Richard R. Clifton
Analysis
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Opinion
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS FILED FOR THE NINTH CIRCUIT SEP 24 2012
MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS UNITED STATES OF AMERICA, No. 12-50035 Plaintiff - Appellee, D.C. No. 3:11-cr-03130-BEN v. MEMORANDUM * TONI MACIEL, Defendant - Appellant.
Appeal from the United States District Court for the Southern District of California Roger T. Benitez, District Judge, Presiding Submitted September 10, 2012 ** Before: WARDLAW, CLIFTON, and N.R. SMITH, Circuit Judges.
Toni Maciel appeals from the 60-month sentence imposed following his guilty-plea conviction for importation of cocaine, 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). Maciel contends that the district court erred by denying a minor role adjustment under U.S.S.G. § 3B1.2(b). This argument is without merit. Contrary to Maciel’s contention, the district court did not state that first-time courier drivers could never qualify for a minor role adjustment, and the court did not err in denying the adjustment here. See United States v. Rodriguez-Castro, 641 F.3d 1189, 1193 (9th Cir. 2011).
AFFIRMED.
2 12-50035