United States v. Oscar Robles-Salinas

                                                                           FILED
                           NOT FOR PUBLICATION                             MAR 13 2014

                                                                        MOLLY C. DWYER, CLERK
                    UNITED STATES COURT OF APPEALS                       U.S. COURT OF APPEALS



                            FOR THE NINTH CIRCUIT


UNITED STATES OF AMERICA,                        No. 13-50067

              Plaintiff - Appellee,              D.C. No. 3:12-cr-03464-LAB

  v.
                                                 MEMORANDUM*
OSCAR ALONSO ROBLES-SALINAS,

              Defendant - Appellant.


                    Appeal from the United States District Court
                      for the Southern District of California
                     Larry A. Burns, District Judge, Presiding

                            Submitted March 10, 2014**

Before:       PREGERSON, LEAVY, and MURGUIA, Circuit Judges.

       Oscar Alonso Robles-Salinas appeals from the district court’s judgment and

challenges the 60-month sentence imposed following his guilty-plea conviction for

importation of heroin, in violation of 21 U.S.C. §§ 952 and 960. We have

jurisdiction under 28 U.S.C. § 1291, and we affirm.

          *
             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).
      Robles-Salinas contends that the district court erred by denying his request

for a minor role adjustment under U.S.S.G. § 3B1.2(b). He argues that the court

erred by (i) improperly considering his lack of candor with the probation officer,

(ii) engaging in speculation about the type and amount of drugs involved in a prior

smuggling venture, and (iii) giving undue consideration to the amount of drugs

involved in the instant offense. Contrary to Robles-Salinas’s contention, the court

properly considered the totality of the circumstances in making its minor role

determination. See U.S.S.G. § 3B1.2 cmt. n.3(C). Moreover, because Robles-

Salinas failed to prove that he was substantially less culpable than the average

participant in the offense, the district court did not clearly err by denying the

adjustment. See U.S.S.G. § 3B1.2 cmt. n.3(A); United States v. Rodriguez-Castro,

641 F.3d 1189, 1192-93 (9th Cir. 2011).

      AFFIRMED.




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