FILED
NOT FOR PUBLICATION DEC 22 2011
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. 09-50531
Plaintiff - Appellee, D.C. No. 2:09-cr-00242-PA
v.
MEMORANDUM *
JUAN ANTONIO QUINTANILLA, a.k.a.
Mauricio Guerrero, a.k.a. Antonio
Mendez, a.k.a. Mauricio Mendez,
Defendant - Appellant.
Appeal from the United States District Court
for the Central District of California
Percy Anderson, District Judge, Presiding
Submitted December 19, 2011 **
Before: GOODWIN, WALLACE, and McKEOWN, Circuit Judges.
Juan Antonio Quintanilla appeals from the 90-month sentence imposed
following his guilty-plea conviction for conspiracy to interfere with commerce by
robbery, in violation of 18 U.S.C. § 1951; and for using and carrying a firearm
*
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. Appellant. P. 34(a)(2).
during and in relation to, and possessing a firearm in furtherance of, a drug
trafficking crime and a crime of violence, in violation of 18 U.S.C. § 924(c)(1)(A).
We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Quintanilla contends that the district court procedurally erred by failing to
explain why it rejected Quintanilla’s argument that the Guidelines overstated his
criminal history. The district court did not err, plainly or otherwise. The record
shows that the court entertained Quintanilla’s arguments regarding the departure
and declined to depart because it did not find Quintanilla’s arguments persuasive.
See United States v. Carty, 520 F.3d 984, 992-93, 995 (9th Cir. 2008) (en banc).
AFFIRMED.
2 09-50531