NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS DEC 22 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 17-50097
Plaintiff-Appellee, D.C. No. 3:14-cr-00532-BEN
v.
MEMORANDUM*
ANTONIO GASTELUM-JUAREZ,
Defendant-Appellant.
Appeal from the United States District Court
for the Southern District of California
Roger T. Benitez, District Judge, Presiding
Submitted December 18, 2017**
Before: WALLACE, SILVERMAN, and BYBEE, Circuit Judges.
Antonio Gastelum-Juarez appeals from the district court’s judgment and
challenges the 70-month sentence imposed upon remand 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).
Gastelum-Juarez contends that the district court erred by denying his request
for a minor role reduction under U.S.S.G. § 3B1.2. We review the district court’s
interpretation of the Guidelines de novo, and its application of the Guidelines to
the facts of the case for abuse of discretion. See United States v. Gasca-Ruiz, 852
F.3d 1167, 1170 (9th Cir. 2017) (en banc).
Contrary to Gastelum-Juarez’s claim, the district court considered the five
factors under the amended Guideline. See U.S.S.G. § 3B1.2 cmt. n.3(C); United
States v. Carty, 520 F.3d 984, 992 (9th Cir. 2008) (en banc) (the district court need
not “tick off” the factors to show that it has considered them). In light of the
totality of the circumstances, including Gastelum-Juarez’s actions leading up to the
offense, the quantity of methamphetamine at issue, and his significant
compensation, the district court did not abuse its discretion in denying the
reduction. See U.S.S.G. § 3B1.2 cmt. n.3(C); Gasca-Ruiz, 852 F.3d 1170. That
Gastelum-Juarez may have been less culpable than the organizer of the smuggling
enterprise did not show that he was entitled to the adjustment. See U.S.S.G.
§ 3B1.2 cmt. n.3(A) (adjustment applies to a defendant who is substantially less
culpable than the “average” participant in the offense).
We grant Gastelum-Juarez’s request to take judicial notice.
AFFIRMED.
2 17-50097