U.S. Court of Appeals for the Ninth Circuit, 2017

United States v. Fidel Angel-Ruiz

United States v. Fidel Angel-Ruiz
U.S. Court of Appeals for the Ninth Circuit · Decided February 27, 2017 · Farris, Fernandez, Goodwin
678 F. App'x 590

United States v. Fidel Angel-Ruiz

Opinion

MEMORANDUM **

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.

*591 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.

**

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

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