NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS MAR 18 2015
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 14-50139
Plaintiff - Appellee, D.C. No. 3:13-cr-02247-BEN
v.
MEMORANDUM*
RICARDO FERNANDEZ,
Defendant - Appellant.
Appeal from the United States District Court
for the Southern District of California
Roger T. Benitez, District Judge, Presiding
Submitted March 10, 2015**
Before: FARRIS, WARDLAW, and PAEZ, Circuit Judges.
Ricardo Fernandez appeals from the district court’s judgment and challenges
the 96-month sentence imposed following his guilty-plea conviction for
importation of heroin, cocaine, and methamphetamine, 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).
Fernandez challenges the district court’s denial of a minor-role reduction
under U.S.S.G. § 3B1.2, claiming that the district court incorrectly interpreted and
applied the Guideline in denying the reduction. We review the district court’s
interpretation of the Guidelines de novo, its application of the Guidelines to the
facts of the case for abuse of discretion, and its finding that a defendant is not a
minor participant for clear error. See United States v. Rodriguez-Castro, 641 F.3d
1189, 1192 (9th Cir. 2011). The record reflects that the district court understood
the legal standard, applied it correctly, and properly considered the totality of the
circumstances, when it denied the adjustment. See United States v. Hurtado, 760
F.3d 1065, 1068-69 (9th Cir. 2014). Moreover, because Fernandez was the
registered owner and sole occupant of a vehicle in which a substantial amount of
drugs was discovered, and admitted that he expected to be paid $1,500 for
smuggling the drugs, the district court did not clearly err in holding that he was not
a minor participant. See id.
AFFIRMED.
2 14-50139