United States v. Rafael Vea-Martinez

U.S. Court of Appeals for the Ninth Circuit
United States v. Rafael Vea-Martinez, 407 F. App'x 258 (9th Cir. 2011)
Goodwin, Wallace, Clifton

United States v. Rafael Vea-Martinez

Opinion

MEMORANDUM **

Rafael Vea-Martinez appeals from the 97-month sentence imposed following his guilty-plea conviction for possession with intent to distribute methamphetamine, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(A)(viii), and possession with intent to distribute cocaine, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(B)(ii)(II). We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Vea-Martinez contends the district court erred by applying the wrong standard when evaluating whether he should receive a minor role adjustment under the Sentencing Guidelines. He maintains that as a result of this error, the district court imposed a substantively unreasonable sentence. The record reflects that the district court applied the correct standard in denying the adjustment, and that it did not clearly err by determining that Vea-Martinez did not sustain his burden of showing that he was substantially less culpable than his co-participants. See United States v. Cantrell, 483 F.3d 1269, 1282-84 (9th Cir. 2006). The record further indicates that, under the totality of the circumstances, Vea-Martinez’s below-Guidelines sentence is substantively reasonable. See Gall v. United States, 552 U.S. 38, 51, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007); United States v. Carty, 520 F.3d 984, 993 (9th Cir. 2008) (en banc).

AFFIRMED.

**

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

Reference

Full Case Name
UNITED STATES of America, Plaintiff—Appellee, v. Rafael VEA-MARTINEZ, Defendant—Appellant
Status
Unpublished