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NOT FOR PUBLICATION JAN 05 2011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. 10-10073
Plaintiff - Appellee, D.C. No. 4:09-cr-00789-RCC
v.
MEMORANDUM *
PEDRO ARAUJO-QUINONEZ,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Arizona
Jack Zouhary, District Judge, Presiding
Submitted December 14, 2010 **
Before: GOODWIN, WALLACE, and CLIFTON, Circuit Judges.
Pedro Araujo-Quinonez appeals from the 50-month sentence imposed
following his guilty-plea conviction for importation of cocaine, in violation of 21
U.S.C. §§ 952(a), 960(a)(1) and (b)(1)(B)(ii), and possession with intent to
*
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).
distribute cocaine, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(A)(ii)(II). We
have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Araujo-Quinonez contends that the district court procedurally erred by
failing to grant a minor-role adjustment. The district court did not err by denying
the adjustment. See United States v. Cantrell, 433 F.3d 1269, 1282-83 (9th Cir.
2006).
Araujo-Quinonez also contends that the district court erred by not granting
him a departure for aberrant behavior. Araujo-Quinonez’s argument lacks merit.
See United States v. Dallman, 533 F.3d 755, 760-62 (9th Cir. 2008).
AFFIRMED.
2 10-10073