NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS FILED
FOR THE NINTH CIRCUIT OCT 13 2010
MOLLY C. DWYER, CLERK
U .S. C O U R T OF APPE ALS
UNITED STATES OF AMERICA, No. 09-30338
Plaintiff - Appellee, D.C. No. 1:08-cr-00072-RFC
v.
MEMORANDUM *
RUBEN COTA-BECERRA,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Montana
Richard F. Cebull, Chief Judge, Presiding
Submitted September 13, 2010 **
Before: SILVERMAN, CALLAHAN, and N.R. SMITH, Circuit Judges.
Ruben Cota-Becerra appeals from the 360-month sentence imposed
following his guilty-plea conviction for conspiracy to possess with intent to
distribute methamphetamine, in violation of 21 U.S.C. § 846, and possession with
intent to distribute methamphetamine, in violation of 21 U.S.C. § 841(a)(1) and 18
*
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).
U.S.C. § 2. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Cota-Becerra contends that the district court erred by enhancing his sentence
four levels, under U.S.S.G. § 3B1.1(a), for his organizer or leader role in the
offense. The record reflects that the district court did not err in finding that Cota-
Becerra was an organizer or leader. See United States v. Garcia, 497 F.3d 964,
969-70 (9th Cir. 2007).
Cota-Becerra also contends that the district court erred by enhancing his
sentence two levels, under U.S.S.G. § 3C1.1, for his obstruction of justice. The
district court did not clearly err in determining that Cota-Becerra obstructed justice
by threatening his co-conspirator to deter him from testifying. See U.S.S.G.
§ 3C1.1 cmt. n.4; United States v. Jackson, 974 F.2d 104, 106 (9th Cir. 1992).
Cota-Becerra further contends that the district court erred by denying him a
two-level downward adjustment, under U.S.S.G. § 3E1.1, for acceptance of
responsibility. The district court did not clearly err in determining that Cota-
Becerra had not accepted responsibility based on his obstruction of justice and his
testimony at the sentencing hearing. See U.S.S.G. § 3E1.1 cmt. n.1(a), 3-5; United
States v. Thompson, 80 F.3d 368, 370-71 (9th Cir. 1996).
Finally, Cota-Becerra contends that his sentence is substantively
unreasonable. The district court did not procedurally err and the sentence is not
2 09-30338
unreasonable in light of the totality of the circumstances and the factors set forth in
18 U.S.C. § 3553(a). See United States v. Carty, 520 F.3d 984, 993-94 (9th Cir.
2008) (en banc).
AFFIRMED.
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