FILED
NOT FOR PUBLICATION AUG 01 2014
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 13-50329
Plaintiff - Appellee, D.C. No. 3:13-cr-00754-LAB-1
v.
MEMORANDUM*
CARLOS RUIZ,
Defendant - Appellant.
Appeal from the United States District Court
for the Southern District of California
Larry A. Burns, District Judge, Presiding
Submitted July 7, 2014**
Pasadena, California
Before: SILVERMAN, TALLMAN, and RAWLINSON, Circuit Judges.
Carlos Ruiz appeals the 78-month sentence imposed by the district court
following his guilty plea to importing 10.40 kilograms of methamphetamine 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).
1.64 kilograms of heroin into the United States from Mexico in violation of 21
U.S.C. §§ 952 and 960. We affirm the sentence.
The district court applied the proper test when it denied Ruiz a minor role
reduction pursuant to United States Sentencing Guideline § 3B1.2(b). It was not
required to compare Ruiz to hypothetical participants. United States v. Rosas,
615 F.3d 1058, 1068 (9th Cir. 2010). The mere fact that Ruiz was a courier did not
entitle him to a minor role adjustment. United States v. Hurtado, No. 13-50170,
2014 WL 3720241, at *3 (9th Cir. July 7, 2014); United States v. Rodriguez-
Castro, 641 F.3d 1189, 1193 (9th Cir. 2011). The district court did not clearly err
in finding that Ruiz was a run-of-the-mill drug smuggler for money, no better, no
worse. The substantial quantity of drugs and Ruiz’s admission that he had
successfully crossed the border with narcotics on four previous occasions support
the district court’s finding that Ruiz was not a minor participant. Id.
Finally, the district court did not abuse its discretion when it sentenced Ruiz
to 78 months, 30 months below the minimum guideline sentence, after considering
the relevant sentencing factors and totality of the circumstances.
AFFIRMED.
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