FILED
NOT FOR PUBLICATION MAR 09 2010
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. 09-50240
Plaintiff - Appellee, D.C. No. 3:07-CR-01972-JM
v.
MEMORANDUM *
HUGO DOMINGUEZ-RODRIGUEZ,
Defendant - Appellant.
Appeal from the United States District Court
for the Southern District of California
Jeffrey T. Miller, District Judge, Presiding
Submitted February 16, 2010 **
Before: FERNANDEZ, GOULD, and M. SMITH, Circuit Judges.
Hugo Dominguez-Rodriguez appeals from the 108-month sentence imposed
following his guilty-plea conviction of importation of methamphetamine, in
violation of 21 U.S.C. §§ 952, 960. We have jurisdiction under 28 U.S.C. § 1291,
*
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).
DAT/Research
and we affirm.
Dominguez-Rodriguez contends that the district court erred by determining
that the Government’s substantial assistance motion was the sole permissible basis
for a variance or departure below the mandatory minimum. He asserts that the
district court was not bound by the requirements of 18 U.S.C. § 3553(e) because
United States v. Booker, 543 U.S. 220 (2005), rendered the Sentencing Guidelines
advisory. These contentions are foreclosed. See United States v. Jackson, 577
F.3d 1032, 1035-36 n.1 (9th Cir. 2009); see also United States v. Auld, 321 F.3d
861, 867 (9th Cir. 2003).
AFFIRMED.
DAT/Research 2 09-50240