NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS MAY 31 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 16-50151
Plaintiff-Appellee, D.C. No. 3:15-cr-02408-BEN
v.
MEMORANDUM*
JUAN PEREZ-PADRON,
Defendant-Appellant.
Appeal from the United States District Court
for the Southern District of California
Roger T. Benitez, District Judge, Presiding
Submitted May 24, 2017**
Before: THOMAS, Chief Judge, and SILVERMAN and RAWLINSON,
Circuit Judges.
Juan Perez-Padron appeals from the district court’s judgment and challenges
the 86-month sentence imposed following his guilty-plea conviction for
importation of 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 Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
We review the district court’s interpretation of the Guidelines de novo, its
factual findings for clear error, and application of the Guidelines to the facts for
abuse of discretion. See United States v. Gasca-Ruiz, 852 F.3d 1167, 1170 (9th
Cir. 2017) (en banc). Contrary to Perez-Padron’s contention, the court did not
deny his request for a minor role reduction on the basis of its belief that couriers
should not receive such reductions, its policy views about the war on drugs, or
superseded case law. Rather, the record reflects that the court properly considered
the minor role Guideline and its amended commentary, and the totality of the
circumstances, to determine whether Perez-Padron was “substantially less culpable
than the average participant.” U.S.S.G. § 3B1.2 cmt. n.3(A), (C); see also United
States v. Carty, 520 U.S. 984, 992 (9th Cir. 2008) (en banc) (district court need not
“tick off” sentencing factors to show that it has considered them because it is
presumed to know the law).
Moreover, the court did not abuse its discretion in concluding that Perez-
Padron was not a minor participant in the offense in light of the fact that he had
transported drugs into the United States from Mexico on two prior occasions, the
large quantity of drugs that he transported, the amount he was to be paid, and the
other circumstances of the offense. See United States v. Quintero-Leyva, 823 F.3d
519, 523 (9th Cir. 2016).
AFFIRMED.
2 16-50151