FILED
NOT FOR PUBLICATION JAN 05 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 10-10049
Plaintiff - Appellee, D.C. No. 4:08-cr-01522-CKJ
v.
MEMORANDUM *
RAFAEL VEA-MARTINEZ,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Arizona
Cindy K. Jorgenson, District Judge, Presiding
Submitted December 14, 2010 **
Before: GOODWIN, WALLACE, and CLIFTON, Circuit Judges.
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
*
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).
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, 433 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 (2007); United States v. Carty, 520 F.3d 984, 993 (9th Cir. 2008)
(en banc).
AFFIRMED.
2 10-10049