FILED
NOT FOR PUBLICATION SEP 01 2015
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 14-50365
Plaintiff - Appellee, D.C. No. 3:14-cr-00990-WQH
v.
MEMORANDUM*
DOMINGO EDWARD OWEN,
Defendant - Appellant.
Appeal from the United States District Court
for the Southern District of California
William Q. Hayes, District Judge, Presiding
Submitted August 25, 2015**
Before: McKEOWN, CLIFTON, and HURWITZ, Circuit Judges.
Domingo Edward Owen appeals from the district court’s judgment and
challenges the 78-month sentence imposed following his guilty-plea conviction for
possession of methamphetamine with intent to distribute, in violation of 21 U.S.C.
§ 841(a)(1). 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).
Owen asserts that the district court erred by declining to award a minor-role
adjustment under U.S.S.G. § 3B1.2(b). We review a district court’s interpretation
of the Guidelines de novo and its determination that a defendant was not a minor
participant for clear error. See United States v. Hurtado, 760 F.3d 1065, 1068 (9th
Cir. 2014), cert. denied, 135 S. Ct. 1467 (2015). The record reflects that the court
properly applied the Guidelines and our precedent, considering the totality of the
circumstances as well as Owen’s role in the smuggling operation. See id. at 1068-
69; United States v. Rodriguez-Castro, 641 F.3d 1189, 1193 (9th Cir. 2011). The
district court did not clearly error in denying the adjustment. See Hurtado, 760
F.3d at 1068-69.
AFFIRMED.
2 14-50365