U.S. Court of Appeals for the Ninth Circuit, 2015

United States v. Luis Santillan

United States v. Luis Santillan
U.S. Court of Appeals for the Ninth Circuit · Decided April 30, 2015 · Goodwin, Bybee, Christen
601 F. App'x 548

United States v. Luis Santillan

Opinion

*549 MEMORANDUM **

Luis Santillan appeals from the district court’s judgment and challenges the 60-month sentence imposed following his guilty-plea conviction for importation of cocaine and methamphetamine, in violation of 21 U.S.C. §§ 952 and 960. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Santillan contends that the district court erred by denying his request for a minor-role adjustment under U.S.S.G. § 3B1.2. We review for clear error the district court’s factual determination that a defendant is not a minor participant. See United States v. Hurtado, 760 F.3d 1065, 1068 (9th Cir. 2014), cert. denied, — U.S. -, 135 S.Ct. 1467, — L.Ed.2d - (2015). In light of the totality of the circumstances, including Santillan’s transportation of a substantial amount of cocaine and methamphetamine, the district court did not clearly err- in determining that Santil-lan was not entitled to the adjustment. See U.S.S.G. § 3B1.2 cmt. n. 3(C); Hurtado, 760 F.3d at 1069.

AFFIRMED.

**

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

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