United States v. Carlos Cervantes

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS JUL 17 2017 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 15-50405 Plaintiff-Appellee, D.C. No. 2:14-cr-00571-AB-3 v. MEMORANDUM* CARLOS ANTONIO CERVANTES, Defendant-Appellant. Appeal from the United States District Court for the Central District of California André Birotte, Jr., District Judge, Presiding Submitted July 11, 2017** Before: CANBY, KOZINSKI, and HAWKINS, Circuit Judges. Carlos Antonio Cervantes appeals from the district court’s judgment and challenges the 78-month sentence imposed following his guilty-plea conviction for conspiracy to possess with intent to distribute marijuana, in violation of 21 U.S.C. * 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). §§ 841(a)(1), (b)(1)(C), and 846. We have jurisdiction under 28 U.S.C. § 1291, and we affirm. Cervantes contends that he is entitled to resentencing under United States v. Quintero-Leyva, 823 F.3d 519 (9th Cir. 2016), because the district court did not consider the 2015 amendment to the minor role guideline, U.S.S.G. § 3B1.2, when evaluating his request for a minor role reduction. We decline to remand because the record reflects that the district court considered the amendment in concluding that Cervantes and his two co-conspirators were not entitled to a minor role adjustment. The record makes clear that the court would not reach a different conclusion if Cervantes’s case were remanded. AFFIRMED. 2 15-50405